The process of divorce does deals with an ending of the marriage life and all other factors related to property and child maintenance and how the parents going to spend time after separation with their children does not handle through this process.
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The Process of Dissolution
Every country has its own set of criteria which couples have to meet before pursuing the dissolution. The main prerequisite to obtaining the formal seperation is that you need to be separated for 12 months. During one year grant of it, both spouses need to deal with the property settlement and children’s custody related matters.
To instigate with separation the first thing you need to book an appointment with a lawyer and bring all relevant documentation such as marriage certificate, details regarding children under 18 years and orders relating to family court. The lawyer will get the application ready for you on the basis of the information provided and pay the applicable filing fee.
A spouse can submit the application individually and jointly depending on the circumstance. In an individual situation, one of the spouses does not agree to go ahead with a breakup, so in that case, if you have any kids under 18 then both of the spouses have to attend the court for their hearing.
It is the responsibility of the spouse who filed the application need to submit the document to the other party. He/she has the right to request a change in the application or can object to the application. In the hearing, the judge will make sure that children have a proper arrangement of spending time with a parent.
If both spouses decided on a mutual basis for separation then they can apply application jointly and neither of the spouses needs to attend the hearing regardless of whether there are any children under 18 years or not. Require counseling if the marriage has been less than 2 years because the court will ask for counseling certificate for submission.
The First Step for Mutual Isolation
When I am talking about mutual divorce. It means that both husband and wife concur that they going to end up the relationship peacefully keeping in mind the respect of an individual’s dignity. This divorce process will be much easier and simple if both of them are on the same page. Which means that all matter related to child custody, maintenance and alimony already been resolved between them and now they all have to do is to file isolation.
A joint detachment petition can be filed. But they need to make sure that they were living separately for at least 1 year before filing a divorce document in family court.
An Uncontested Divorce
When both partners agree to each other on their dissociate-related issues and wish to pursue their separation petition jointly, that consider as uncontested isolation. Although there are some prerequisites which both couples have to meet before proceeding the uncontested divorce.
You can check those requirements with a local court. An uncontested detachment is much easier because there is no argument and everything already settling down among the couple which reduces the hassle of hearing and also the less time-consuming.
Filing VS Suing a Divorce
Actually, we don’t sue the separation we file the petition in the court. Once the petition filed then the divorce process can start and then the court enter the splitting decree terminating the marriage.
How to Slow Down the Separation Process?
When both couples are looking forward to ending the relationship. Then there is no point of delaying but if one of the spouses doesn’t want to quit the marital life. Then there is some basic reason due to which the divorce process slows down to crawl and also increase the stress plus the lawyer bills. The reason that can make a divorce end up stalled include;
- The legal process of getting divorced is carrying uncertainty.
- Refusal of signing a document and settlement process by one of the couples and force the dissolution in the courtroom.
- Dispute on child custody and maintenance
- Finance can be an issue of stretching a split
- Health issues of the dependent spouse.
Asset Protection Methods during Separation
I know it is very hard and emotionally harrowing time when you are planning to get separate. But don’t let these sentiments to overwhelm your finance. You need to secure you and your kid’s future which means you need to align your finance. So before initiating any paperwork for filing a detachment. You should prepare yourself for smooth financial separation by protecting your assets which can be done by following a few simple steps;
- First of all, identify the assets and money you have and where it is. Then rectify those belonging that legally under your name and what belongs to your spouse. So get the statement of assets.
- Get everything ready in hard copy. Don’t rely on soft copies because your spouse might change passwords to access them. So make sure all things in written and documented because the court believes in evidence.
- Transfer some amount to the account to secure your liquid assets.
- Before pursuing the process of divorce, try to learn its law because it varies from state to state. Some states have the law of 50/50 division of assets as well as any debt incurred by either spouse.
The Breakup Mediation
Divorce mediation is a process to find solutions to its issues such as children custody and spousal alimony. Moreover, organizing a meeting between two parties in the presence of specially trained neutral third party appointed by the court. Both parties get the opportunity of negotiation and clear up any disagreement and come to an agreement. The mediator act as an intermediary who can suggest and offer an opinion. But does not allow imposing an agreement on the parties forcefully.
The divorce mediation process takes place when both spouses agree to use this method of alternative dispute resolution. In most of the state’s separation mediation work as a volunteer but if the cost involves then it is way less than a trial. It will work if both spouses are open to discuss the term of divorce.
Initially, a meeting set-up where both spouses have an opportunity to explain their expectation. That helps the mediator to understand the issues and how apart they are and which area acquire most of the work.
Every session cost parities some money and most of them come to an agreement in a few sessions. Once everything finalizes among them than mediator will draft a dissociate settlement agreement to get sign by the parties and present to the judge.
Related Topic: Building Emotional Strength
Common Questions
1. What is Child Support and Alimony?
Legal parent has a legal obligation to provide support to their children. Which totally depends on the existence of a child and the living arrangement of parents. It is money paid to the custodial parent for the child or children. As to afford their rational essentials for education, health and other maintenance in the case of separation. This means if they living together with the child then no support payment required.
The calculation of the amount of child support depends on the earning of the parents. Each parent has a duty to pay child support irrespective of sex. In some cases where they have joint custody then there will be no non-custodial parent, in such a scenario then the custodial parent with high income have to pay the other custodial parent.
Alimony where one spouse pays to another spouse for financial support after a split, who has given up her/his earning potential to raise the children. The grant of alimony decided by the Court by considering certain factors such as how long they being married, their earnings, age of children as well as the age of the spouse and so on.
Alimony normally funded for temporary basis but it can be for a lifetime too. Actually, it depends on the spouse how long he/she will take to re-enter in the job market. Any misconduct will affect the alimony and both parties have to deal with the consequence.
2. How Long it Takes to Get Separation in the US?
In the United state, state government deal with the separation law and federal government have nothing to do with it. This means law for it is the same all over in the US. There is no exact time period that I can quote. Because it depends on the circumstance and the individual facts related to your case plus depends on the judge too.
As we all know that it is our legal right to get a divorce but it does involve factors too which need to be settle down. Such as child custody, child support, property and debt distribution by the court and all these issues require time so it’s not something that going to happen overnight.
3. What is the Separation Process in India?
In India, there are two kinds of the split. One is uncontested based on mutual consent and another one is contested which is without mutual consent. However, their terms can vary based on religion. Above in my article, I already discussed uncontested separation and India have exactly the same process.
Moreover, the time frame can vary anyway between 1 month to 18 months according to the state law. It also depends on the selection of a lawyer. In a contested divorce, one of the spouse going to file a divorce petition. But he or she needs to provide a reason for requesting it and those are adultery, physical and mental cruelty.
Furthermore, conversion to another religion, transferable disease such as HIV and mental disorder, etc. This type of dissociate can take more time because there is no mutual consent involves. The fees for filing it is very less but the lawyer can be a bit expensive starting from RS10,000 to few lacs.
Choosing the right lawyer could be tricky but India has a link called UrbancClap. Where they have a big network of service expert and written reviews from previous clients make it much easier to decide.
4. How to Get a Dissolution in Pakistan?
The separation procedure in Pakistan is based on Islamic law. This also has a different way to apply for female and male. If the husband and wife decided not to live together. Then they have the option of dissolution of their marriage either way through divorce or khula. Actually, in Pakistan, there are two terminologies and procedures used to end up the marriage, categorized as detachment by husband and khula by a wife.
If the husband wants to detach the wife he really doesn’t acquire any reason to do so. But he needs to follow the legal system to make it effective. He should send one copy of separation paper to his wife and another copy to Arbitrations council. Then the council will send the legal notice to both parties and try to have reconciliation between them within 90 days.
However, if they fail to do so, divorce will be effective. But if they reconcile then the whole divorce process will be withdrawn.
If a wife is looking forward to khula. Then she needs to file a case in family court.
The court will send a notice to the opposite party and if he fails to appear on the date the court will proceed with the case and decree the khula. But if he turns up then he can apply a written appeal asking for a reconciliation of marriage. If it didn’t work out between the parties then the court will pass the decree for dissolution of marriage. After all, this wife needs to submit the application to the council or Nadra to get the certificate of Khula.
5. Can Divorce be Filed in the Court Directly without Filing FIR?
It is a civil matter so you can file it without filing an FIR. But it also depends on the circumstance behind requesting a divorce. In the case of mutual consent, this process is straightforward. But if one of the parties not interested in getting divorce plus mental and physical abuse involved.
The FIR should had to support this in the court so the judge has some proof and can satisfy the court itself. So in short not necessary but in case of cruelty then you should do but divorce and an FIR not linked to each other.
6. Can you Divorce a Person without His or Her Consent?
Yes, court decree divorce without the consent of your spouse in all states. Well obtaining a divorce without consent can get a bit complicated. Especially when children and assets are involved. But it does not mean that you really need to have your spouse consent for divorce.
Court do stress to serve the divorce paper to your spouse. Some states want to serve this paper in person and some are fine to get served by someone else or by publication. And if the spouse who files the petition for divorce unable to contact the spouse. Then he or she should have a valid reason with proof to answer the judge.
If the spouse refuses to respond to your divorce petition, it will delay the process. But eventually, marriage going to be legally ended regardless that parties involved in it like it or not.
7. If you Divorced with Kids, do you Regret Getting Divorced?
In certain situation, sometimes divorce becomes an only resort to save you and your children future. This may end up in the dark if you and your partner going to stay together. Children rising from abusive and addicted family undergo physic trauma with a high chance of damaging their personality. This shatters their confidence which will lead them nowhere in their life and might repeat the same lifecycle of their parents once again.
I believe that for raising a child presence of both parents do count. However, if both parents don’t have any major issue such as drug-addicted or physical and mental abuse involved. Then they both should try to resolve the issues for the sake of your kids because they need a parent who stands side by side with them. Anyway, in the end, the decision is yours but do think before a step in.
8. How to Find a Dissolution record in California?
CDPH maintain all records of birth, death, marriage, and divorce. However, the certified copy is only available for the family member but an informational copy is available publicly for everyone. California Department of Public Health Vital Record has a record of divorce from 1962-1986 and anything later than that need to be obtained from the office.
9. How does it Cost you to Get the Divorce?
This process cost varies anyway from a few hundred to many thousands. Depending on the type of divorce such as contested divorce cost you mostly compare to uncontested ranging from $15,000 to $30,000. Because it does involve other property and children custody settlement. Where you need to spend on legal fees plus lawyers who take care of your divorce process.
