The legal process is tough to understand and even harder to wait for. If you are filing for divorce for the first time, you are probably nervous and have a lot of questions. To that end, I wanted to write a post on questions that I have been commonly asked by many of my clients.
The laws vary from state-to-state and you should consult with a qualified divorce attorney in you area for further information and questions.
The Petition for Dissolution of Marriage and the Answer
When you first file for divorce, the other party, or the “respondent”, gets an opportunity to “answer” the divorce filing. As I’ve discussed in prior posts, a divorce or “dissolution of marriage” action typically begins with the filing of a document called a “Petition for Dissolution of Marriage.”
After the Petition for Dissolution has been filed, then other party can file a “Counter-Petition” or an “Answer”. These documents set out the other person’s arguments and how they see the case. It is very common that a husband and wife who are divorcing will have different viewpoints about certain matters in court pleadings. I am sure you can understand. The other party (respondent) can also file “denials” of the information contained in the petitioner’s Petition for Dissolution.
Look at it like this: the filing party gets to set out the reasons they want a divorce and what they want the judge to do in the Petition for Dissolution. The responding-party then gets to tell the judge his or her side and what they want the judge to do.
The Interim Period between Finalization and Divorce
After the divorce Petition and the Answer are filed, the court may do a number of things. I am not licensed in every state in theUnited States. The laws vary from state-to-state. However, there are certain things that are common in many courts across the nation.
After the Petition and Answer have been filed with the court, the parties then need to proceed to negotiation, mediation, compromise, or trial. I have told many of my clients that the only way to get a divorce is to come to an agreement or go to trial. It is really that simple.
If the parties can reach an agreement – and I always advise doing this – then they will need to memorialize that agreement in a document titled something like a “Property Settlement Agreement.”
If the parties cannot reach an agreement – and I don’t advise doing this – then they will need to request a time to conduct an evidentiary trial before a judge.
The first option, the agreement, takes much less time, is less expensive, and, in my experience, the divorcing parties are usually much happier. I didn’t say totally happy, but they are at least willing to compromise enough so that they don’t have to spend time and money fighting over things and paying their attorneys a bundle.
The second option, the trial, means paying a bundle of money, being unhappy, and generally not liking the outcome. Sometimes a trial is necessary, but, as a general matter, I don’t recommend them. Furthermore, it may take upwards of a year to have a full divorce trial. That is how long it takes. The legal system is slow and compromise is always encouraged.
That is the basic idea of the process. I hope I gave you some idea of what is in store if you choose to file for divorce. For further questions, please contact a good divorce lawyer in Apple Valley MN.
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