The essential steps in getting a divorce depend on the specific situation of the party getting divorced. A divorce wherein the party has been married for a relatively short time period, have little debts or property and no children should be lesser involved than the divorce wherein the party has been married for a long time period, have minor children, or is significant debt or property to divide.
The process of divorce should be easier in the cases where both spouses agree and want the divorce. Finally, more the parties agree on things themselves the quicker and smoother their divorce will be. If the spouses bog down in disagreements and fighting over everything and anything, the procedure will be slower and harder.
Filing Petition
The very first step in the divorce process is to file a petition. Even when both spouses consent that they want a divorce, one among them will need to file the petition with the court asking for divorce. This petition states the grounds for divorce. Your divorce attorney San Diego can tell you about the grounds.
Temporary Order
If one spouse is dependent on other for financial help or wants to have custody of children, that spouse requires asking the court for a temporary order for custody and support. Temporary orders are granted within next few days usually and will stay in effect until full court hearing. In case the party looking for temporary orders is same party who filed the petition, they must file them at same time. If party seeking temporary order didn’t file the petition, then they must file their appeal for temporary order as quickly as probable.
Services of Process
Party who files out for divorce also requires filing proof of services of process. It is a document which shows that the copy of the divorce petition was provided to other party. Services of the process can either be very dignified or undignified or somewhere in between.
Response
The party that receives services of the process will need to file response to petition. If the divorce was required on fault ground and responding party wishes to dispute the ground, he/she will want to address that in the response. Responding party may select to dispute all the facts supposed to be the ground for divorce or else he or she might choose to declare a defense to grounds.
Negotiation
If parties do not agree on all issues, they will want to try and negotiate their difference. The court might schedule settlement conferences which attempt to move on the parties towards a final decision of the problems. If the parties differ on child visitation and custody, the court also may order mediation, assessment of the parents and kids by social workers or other court employees and that a guardian or divorce attorney San Diego add them to be chosen to represent children. Other issues which may require being negotiated include any spousal support and the property division.
Trial
Any issue the parties absolutely can’t solve between themselves should be decided at the trial. But, going to the trial will cost more money, take longer, and have lesser predictable results; thus, it is most likely best to avoid trial.
Order of Dissolution
Order of dissolution finishes the marriage and tells how the debts and property will be divided, child custody, child support, and other issues.
