The amount of steps necessary to get a divorce depends on the circumstances of the involved parties. Divorces where the marriage has only lasted a short while, or where there are no debts, assets, or children, are typically less complicated than those with children or substantial assets. The more the parties can work together, the smoother the divorce will be.
Filing a Divorce Petition
Divorces begin when one of the parties files a petition. Even if both spouses agree on the divorce, one will have to file a request with the court. Grounds for divorce vary by jurisdiction, but all jurisdictions allow “no fault” divorces based on grounds such as irreconcilable differences. A divorce attorney in Mequon, WI, can tell the client which grounds are applicable.
Temporary Custody and Support Orders
If a spouse is financially dependent on the other or if he or she plans to take custody of children, the spouse needs to petition the court for temporary orders. These orders are often granted within days and they remain in effect until a full hearing takes place. If the party filing the petition also wants a temporary order, they should be filed simultaneously. If the spouse asking for the order was not the one to file the divorce petition, he or she should ask for a temporary order as quickly as possible.
The person filing for divorce must also file proof of process service, which is a paper demonstrating that the other party received the petition. Process service can go smoothly, or it can go badly. If parties are in mutual agreement, it’s best for the petitioner to arrange for the process service to go to the other attorney.
The Dissolution Order
A dissolution order ends the couple’s marriage and describes how debts and property will be divided. When parties negotiate on their own, they draft the order and submit it to a local court. If the dissolution order complies with the law and both parties agree to it, it will be approved. Otherwise, the order is issued at the end of a court trial.
If a couple is going through the divorce process, they should consult a divorce attorney in Mequon, WI, such as Fraker Law Firm, S.C., to learn their legal options. When spouses handle a divorce out of court, mediation and collaboration resources can make the separation process smooth and inexpensive. Visit website