Tips For Filing For Divorce

Kamil Jain

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During the process of filing for a divorce, it is normally the petitioner who pays the filing fees; in case the petitioner isn’t able to afford to do the filing, there are a few remedies that are available for them. He or she may be able to file a claim for what is known as indigent status with the court and ask the spouse to pay the filing fees or perhaps borrow money from a friend or a relative. In case, the money was borrowed and it has been paid up front by the petitioner, the petitioner may request that the respondent is compelled by the court to pay the fees due to the divorce attorney as well as the court costs.

No-fault vs. fault divorce: In family law, all states allow for the filing of a no-fault divorce; this means that the petitioner is under no obligation to prove any wrongdoing on the side of the respondent. However, there are states where it is required that the couple takes a period of separation before a no-fault divorce can be granted. In other states, the family law provides for a fault divorce in case a petitioner makes claims relating to adultery, cruelty or desertion and can grant an immediate divorce without the requirement of a separation period in addition to asking for a larger share of assets.

Filing the petition: In order to start the filing process, you need to get yourself a divorce attorney who will file a Petition for the Dissolution of Marriage with the clerk of the court before it is served to the respondent. Once the respondent has been served, they will be given a set amount of days within which they are required to file and answer to the petition for the dissolution of marriage.

Mandatory disclosure: The parties involved may at any point during the process be asked by a divorce attorney to provide mandatory disclosure of important financial documents such as retirement accounts statements, tax returns or even insurance policies in addition to filing their own family financial affidavit that shows their income, expenses, and debts. It is also at this point that the parties, through their respective divorce attorneys, can start negotiating for a settlement either formally or informally through a mediator.

Temporary relief: If in any case at some point during the divorce proceedings any of the parties requires temporary relief such as in cases of child support, alimony or sole and exclusive use of the marital home, the requesting party may request their divorce attorney to ask the court for the said relief. Such motions will generally be heard before the trial or final hearing; the party that files the motion could also ask the other party to pay their divorce attorney’s fees for filing the motion and working.

Mediation: There are a few counties in some states that require that the parties attempt mediation so they can settle the divorce before the final hearing; the parties are also expected to mediate any other family law issues that may have been filed with separate motions such as temporary relief before the hearing; this is where you need a competent divorce attorney.


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