Getting a Divorce - Step by Step Procedure for Dissolution of a Marriage |
Many a time, a marriage may end up in dissolution of marriage, which is more commonly referred to as divorce. The end of a marriage can prove to be a rather traumatic experience in anyone’s life and is decided by the judgment produced in a court of law.
When opting for dissolution of marriage, it is very important that the right attorney is chosen. There are many legal firms having attorneys capable in helping you with your divorce. Look through the yellow pages and the internet for the right attorney. However, it is always better to choose the attorney that is from a reputed firm as they are more than likely and capable in helping you out in the dissolution of your marriage.
When applying for dissolution of marriage, there are several types of divorces for you to choose from. The contested divorce is one where there is no necessity of both spouses agreeing on all issues. The attorney is responsible for filing a contested divorce as the clerk’s office does not provide such forms for dissolution of divorce.
In the uncontested divorce without children, both spouses agree on all issues, but have no children. In such cases, you can find the divorce packet for a fee at the clerk’s office. However, they don’t help you in filling out forms; you need to fill it on your own wherein it is checked by the Pro-Se Litigant to see if anything else is required before going to court. There is no set date for an uncontested divorce until a file is issued, with everything that is needed for the file. Inappropriate paperwork may lead to the dismissal of the file, where there will be no refund on money collected for filing of forms.
In the case of dissolution of marriage with children, the uncontested divorce with children is one where both spouses agree on all issues, and have children. The same procedure is adopted here in filling the forms for dissolution of marriage where the form is available at the Clerk’s office. As usual, there is no refund for money that was collected for filing fees.
Then there is the simplified divorce or dissolution of marriage where the divorce is handled by both parties themselves under certain conditions. It is necessary that both parties be present at the time of filing of the case, and at the final hearing. Both parties have to promise that there are no dependant children and that the wife is not pregnant. Simplified dissolution of marriage takes place only if there is no possibility of reconciliation between both parties and has come to a satisfactory division of property. If any of these conditions are not met, it is not possible to have a simplified dissolution of marriage.
The best thing to do to have dissolution of marriage is to hire a competent lawyer who will be able to offer the right guidance, fees and services to help you get your dissolution of marriage done.
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