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Divorce Procedure
A divorce is never easy, but it is possible to end a marriage amicably with little or no difficulty. However, this isn’t true in the many cases. Divorce lawyers are usually the only ones that truly win in a long drawn out divorce proceeding, which tends to be extremely overwhelming for the parties involved both psychologically and financially. The longer it takes to settle a divorce, the longer the conflict continues, creating huge legal fees for both sides. If both parties agree during the divorce procedure, on the settlement and other pertinent matters within a reasonable amount of time, with little or no intervention from an attorney, then final dissolution can take place rather quickly, before the mandated waiting period is up in many cases. First of all, when reconciliation fails and no other options remain, questions about the divorce procedure arise with many that need to be answered. A divorce usually starts with a divorce petition that is initiated by one spouse (the petitioner) and served on the other (the respondent). The petition, which includes pertinent information about the marriage, is also filed with the clerk of court in the county where the petitioner resides at this time. The facts disclosed in the petition pertain to the names of the husband and wife, the date and place of marriage, names of any children resulting from the union, separate or community property held by the parties, child custody, child support, spousal support, and any other issued to be addressed regarding the dissolution of marriage. Proper divorce procedure mandates that the respondent spouse be given notice that the divorce petition has been filed, either by the petitioning spouse or process server. The respondent then ordinarily has thirty-five days to answer or file a counter-claim. If both parties agree on the settlement, a court hearing is not required and the divorce will be final shortly thereafter. A minimum waiting period (usually six months) is mandated in most states, and is not waived during proper divorce procedure, even if the marriage is dissolved before this time period has elapsed. Remarriage is also not allowed until the waiting period is over, which starts at the date of filing. Issues arising out of marriage tend to be complex and the divorce procedure itself tends to be quite overwhelming. Keeping physically and emotionally fit during this time will keep the stress levels down, and the less legal involvement the more money in the bank when it’s all over. For more information on divorce procedure go online to www.legalzoom.com and other sites that feature lots of resources hosted by state and other agencies.
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