In the United States, a couple can apply for a divorce if the marriage has ended, if they want to remarry and if there are children involved. In some states, however, a couple can choose to enter into a civil union that will still entitle them to certain legal rights, but will not entitle them to file for divorce, said an alimony and child support lawyer.
The process of divorces under family law varies according to the state where the divorce is filed. In some states, a couple can decide whether or not to file for divorce; in others, the divorce process must be started. Sometimes a couple can decide whether or not to seek an interim order during the divorce proceedings; other times, the divorce must be finalized before the filing date for final divorce papers.
After the divorce process begins, the marriage must be formally ended. A divorce decree is then issued by the court. Divorce decrees can include specific orders such as custody, support, child custody, property division, alimony, and other agreements. Many of these orders are “mutually agreed” upon between the divorcing parties.
A divorce decree has certain important things in common with a divorce petition. They both need to be signed by the divorcing party; both parties must be informed of the important details in the divorce; both parties must be given time to prepare; both parties must have a fair hearing; both parties must be present in court and make their case; and the couples must have their divorce papers served on their former spouses. The process of filing for divorce differs somewhat from one state to another. Some states allow couples to file only after a specific number of days have passed since the petition was filed; some states require that the petition be filed within a certain amount of time; and others do not allow the filing of a divorce petition at all.
In order to begin the divorce process, a couple must fill out a formal request for a divorce. This request for divorce is known as a “Declaration of Divorce.” This document must be served on the other party at least seven days prior to the beginning of the divorce proceedings.
Court clerks will keep a copy of this declaration for one year, said a known family lawyer. At that point, the clerk will send a new copy of the document to the parties to sign.
The process of filing for divorce can differ slightly depending on the state and county where the divorce petition is filed. Most states require that a couple meet and have a discussion about whether or not to file for divorce. One party can then file an application for dissolution of marriage. Other parties may file for divorce or petition for a trial division. If you are facing divorce problem, learn more about winning a divorce here.