If you are just a bot to go through divorce proceedings then this is bound to be a very tough time for all parties involved. In the case of most people they have no idea what these divorce proceedings entail and unless you have been through it before or you are a legal professional, you are likely to have little idea about what this will look like. To help you understand further what you have in front of you, we spoke to the guys at Marrison Family Law to give you a more detailed picture of what the divorce process involves.
The first step of the divorce proceedings will involve one spouse serving the other with a petition for divorce. This is a legally bonded document which states your intention for a divorce and it must be signed by the other party. You can deliver this yourself and get your spouse to sign the form, or alternatively you can hire a professional server who will personally deliver the papers. Once both parties have signed the petition the proceedings will begin.
Once the divorce petition has been signed neither party is allowed to take children out of the state, they are not allowed to sell any property, borrow money or sell any insurances that they may have.
Once the proceedings are underway each spouse must make a declaration about their assets, liabilities, income and expenses. The best case scenario would be that both spouses are in agreement with the divorce and don’t contest it, which would mean that they decide between themselves how to split up the assets and the responsibility of the children if there are any. If the divorce is contested however then the court will take over the responsibility of allocated wealth, assets and responsibility of the children, although this final point will usually involve a child custody case.
If there are disputes in the divorce settlement then there will be a number of court hearings which you may or may not be required to attend. During these hearings both parties will make the case as to why the divorce occurred and who’s fault it was, as well as telling the court about financial situations and the impact that this will have on each others lives. When there is a dispute this is where the divorce can get messy and the court will require huge amounts of personal information to be shared by both parties. The court will rule in favor of one party and they will decide exactly what happens to any assets and finances, this is a final decision which cannot be appealed.
As you can see the best option for all involved, also the cheapest option, is that a divorce is uncontested and that way everyone walks away with a cleaner break than if it were to be dragged through the courts.