Problems Associated With Getting a Divorce

Getting a divorce is not as simple as many people think. There are many questions that both spouses need answers for and both should have different lawyers representing them. If both spouses agree to the divorce and want the marriage to be over as quickly as possible, they can have the bulk of the paperwork completed before they even seek the services of a lawyer. They may even be able to use the same lawyer in this type of situation. The paperwork involves gathering all the information about bank accounts and assets and decide how to share them. If there are children involved, both parents can agree to a custody arrangement that suits them and the children.

Although all divorces do not end up in court, a great majority of them do. If one of the spouses does not want a divorce and refuses to sign the divorce papers, this will not stop the proceedings, although it may delay it. In this case the spouse petitioning the court for the divorce can still go ahead and file and if the other spouse does not respond to the summons and petition within 30 days, then the filing spouse can petition the court to grant the divorce by default. By not showing up at the hearing, the spouse automatically takes himself/her self out of the situation and does not have any say in the final decision of the court regarding the division of assets.

No one has to leave the house when a divorce has been filed. It may be uncomfortable if the couple is not getting along and may not be in the best interests of the children for both of them to continue living in the same house, but neither one has to move. You can request a temporary hearing for the court to decide which partner should move out, but this decision may not be the final one reached in the divorce hearing.

The length of time it takes to get a divorce varies. This is because there are many factors involved that could delay any aspect of the process. If one spouse contests the divorce, this will delay the proceedings, as will any objections to the proposed settlement and the backlog of the courts in the jurisdiction. An uncontested divorce may go through in a few months, but if there are complications, it could take a long as a year or more. If one of the spouses signs a prenuptial agreement before the marriage, then the divorce should proceed through the courts without a hitch. However, if there is a disagreement between the couple over what constitutes marital assets and separate assets, then the process could take a lot longer.

When you receive notification of a court hearing, it is important that you attend. If there are circumstances that prevent you from having a lawyer, you should still attend the hearing and ask the judge to schedule a second hearing, which will give you time to prepare. If you have work commitments that prevent you from attending the hearing, which is of importance to you, such as in the case of child custody, you should call the court clerk to have the hearing rescheduled. Keep in mind that your spouse also has to agree to the rescheduling.

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