Divorce court cases
The family division of Supreme Court handles all the divorce court cases. The family law lawyer can help you well in the legal rights and issues in your case. The process starts when you file for petition and ends when decree is signed by the court. You can handle the case on your own or with the help of lawyer.
Laws vary as per the state. Make sure you are well aware with the state laws and rules before filing for divorce. Residential requirement should be fulfilled prior to filing. It is not necessary that both the spouses should fulfill the requirements. Once you file for divorce, the judge will read all the papers and documents to conduct the hearing
In divorce court cases, issues like child custody, alimony, child support, property division and debt payment are discussed. All these issues are considered by the court on trial basis. Court makes it a priority of the issues related to child.
- Child custody: factors like parenting plans; parent relation with children’s serves what is best for child
- Child support: It includes factors like education, dental expense, and other extracurricular activities.
- Property division and debt payment: factors like marriage date, financial resource, earning capacity of both the parties is included to make the equal distribution.
Divorce court takes into consideration either of the grounds. These grounds can be fault or no-fault ground. For filing no-fault divorce you need to prove only irreconcilable marriage. When you decide to file for fault divorce factors like adultery, cruelty, impotency, imprisonment and mental health problem are considered. Depending on the states demand and laws, you have to choose the grounds. In most of the states of United Sates, divorce court cases are based on no fault basis.
Process of filing your case:
- The divorce court cases begin when you file the petition. Before filing the petition fulfill all residential requirements and grounds
- Along with the petition necessary documents like marriage certificate, name of children, address id is also considered.
- Get the copies of petition and send one to the court. Pay necessary filing fees to the courts clerk.
- Send another copy of the petition to your spouse stating that you have filed for divorce.
- The spouse should response soon once he gets the petition. They have to exchange the information related to income, property and debt. Thus the court will make decision on division of the property.
- In case if settlement is reached by the parties, the settlement agreement is also submitted to the court.
- Schedule the court hearing and wait till the court makes the order
- The clerk and court will check all the necessary documents and makes the decision accordingly. If they are satisfied with the document available, the judge will sign the decree sating that parties are divorced.
Bring as much information and documents as possible to make your divorce court cases less complicated. Try to settle down most of the issues outside the court. If you appointed a lawyer do not speak anything in front of the judge, unless your attorney asks you to.
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