Are you about to get divorced or in the process of getting divorced and want to know more about the divorce timeline? We have the answers for you.
A divorce procedure can be a very difficult and traumatic encounter with the legal system. Hiring a divorce attorney can be very expensive, with costs that can go over $10, 000 in a contested case. There are cases where you can get a divorce without employing a lawyer. However, if you do need one, having sound information about the divorce timeline by state will make the whole process effective and less costly.
Here are some important points about the divorce timeline that you should be aware of:
1. Benefit of Understanding the Divorce Process
This is of paramount importance and can help speed up the process for both parties involved. The more you know about divorce and its processing, the better. Understanding the divorce process could make it a lot easier and less expensive. Moreover, spouses actively participating in a divorce settlement tend to also avoid post-divorce conflict and have the advantage of parenting cooperation.
When the divorce is mutual, property, assets, children, and other issues can be discussed immediately and the papers signed within a matter of weeks. Things don’t have to drag on, such as when one side doesn’t want a divorce and the case ends up in court.
2. Contested vs. Uncontested Divorces
An uncontested divorce timeline constitutes no disagreement between the concerned parties. In an uncontested divorce, the spouses can decide and agree on the terms of divorce without going to trial. Uncontested divorces move faster and are less expensive than contested divorces.
Furthermore, the “my contested divorce timeline” issue can be very complex with high financial stakes, as well as technical legal procedures. Uncontested divorces reduce hostility, enabling both parties to move on and get on with their respective lives more quickly.
This is of course the most civilized way of getting a divorce, but sadly, not all divorces are straightforward. Divorces can get ugly and petty, which can unnecessarily drag them on for months before one side takes the matter to court.
3. Legal Requirements
These vary with different state laws. However, for most state laws, the filing of a divorce or dissolution action to be decided in court is required. A “no-fault divorce” policy exists in every state. This means courts don’t place emphasis on which one of the spouses has been guilty of misconduct in the marital relationship. The cause of divorce usually shouldn’t prolong the timeline of the divorce. However, it can be a very important decisive factor depending on the matter.
4. The Divorce Process
A divorce petition, forwarded by one spouse to be delivered to the other spouse, will start the divorce process. The petition contains all marital information like the names of the husband, wife, and children (if any). It will also contain information about separate or community property, child/spousal support, and child custody.
In most cases, filling in the divorce papers can take some time if the person asking for the divorce is not sure whether they really want to go through with the divorce or not. But once the papers have been filed and your spouse served, the divorce process has officially started.
5. Custody Rights of Minor Children
Custody of children under the age of 18 must be agreed upon by both parents. Divorce courts are very concerned about the wellbeing of the children involved. The four basic types of child custody include: Sole Physical Custody, Joint Physical Custody, Sole Legal Custody, and Joint Legal Custody.
6. Child Support
This is mandatory in any divorce case with minor children involved. Petitioners are required to issue an order for child support regardless of the other parent being unemployed or unavailable. The payment amount is determined by income earned and time spent with the children by each parent.
7. Divorce Recovery
Divorce recovery timeline is an important issue for anyone recovering from a divorce. This will be different for everyone. It’s not possible to predict and may be hard to endure. You must understand and be ready for setbacks.
Rest assured, however, that it won’t last forever. Just like you couldn’t force marriage, you can’t force healing from divorce. According to some experts, divorce recovery can take two years or even longer. This will depend upon the extent of the feeling of loss.
Divorce Is Never Easy But It’s Not the End
Divorce is never easy, but it’s definitely not the end. Once you have an idea of how long your divorce process is likely to take, you’ll be in a better position to start planning for life again. It’s important that you get help by joining divorce support groups. They’ll be a source of comfort and encouragement during the difficult process. It’s okay to ask for help if you need it.