Legal Aspects Of A Divorce Procedure


A major policy of every state is to keep a family as a basic model of society. However, divorces happen, and the number of divorces is a constant increase, so pretty much all companies providing law services include family law attorneys. If you find yourself facing a divorce procedure, especially if that is your first encounter with a legal system, hiring a family lawyer is highly recommended. Courts, lawyers and the legal system won’t resolve the complex emotional aspect of the divorce, but they will properly direct resolving of the legal and financial issues. Being prepared for the process by getting all the necessary information and explanations of the following steps is the best way to go through it in a less troublesome manner. But having an experienced professional to guide you makes it all even more convenient.

Wanting a divorce is not enough

Divorce-procedureHowever, twisted it might sound, there are minimum legal requirements you have to fulfill to file a petition for divorce and get it granted. Most of these regulations refer to the, so called, residency requirement. The residency requirement is a required amount of time the state obligated you and your spouse to be regular residents of a given state to file for divorce. This period is usually six months. Also, you can only divorce in your permanent state. The original place of the wedding doesn’t count. Before filing for divorce both of you have to have regular personal documents and to be present during the process. Also, many states impose separation period before actual divorce in an attempt to save a marriage.

Property division and practical issues

The major policy of all laws dealing with a divorce is to provide fair and proper treatment of both spouses, as well as the optimal conditions for a post-divorce lifestyle for both. The more agreement spouses manage to achieve without legal intervention, the easier procedure gets. However, dividing total property, including real estates, money, cars and other assets, especially if there is a lot gained during the marriage, will take time and significant paperwork. Again, best handled by an attorney aside you.

Heavy aspects involving children

DivorcesDetermination of child custody, the scheme of visitations and financial child support are probably the most dramatic and emotionally disturbing aspects of a divorce procedure. The law handles it strictly technically, but most attorneys and judges pay a lot of attention to the touchy emotional aspect. The legal system, also, determines, the minimum and total amount of alimony or spousal support if needed and sets regulations to control this payment. The general rule is to set required frame of rules and to leave spouses to make some internal arrangement inside of this frame if they are in agreement.

When things get complicated

Depending on the relation and the level of tension between spouses going through a divorce, the procedure often ends up in the court in front of the family law judge. If spouses accompanied with their attorneys fail to come up with all required agreements, the family law judge will intervene and resolve the issues. Unfortunately, this process costs, especially if you disagree and decide to appeal or second-guess.


Simon Hamilton