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Divorce dissolves any legal marriage; it is a legal process that permits them to return to the single status and allows them to marry other individuals. Divorce is a hefty process because it involves matter of child custody, child support, spousal support, division of debt and property. Divorce is governed by the law of the individual state from which it occurs and can vary from different states.
The first step in the divorce process is to file a divorce petition. The petition can be written by any one spouse. The petition will then be dealt with by the state that the partner resides in and in no means matter where the marriage occurred. The petition should include important information regarding the marriage. It names the wife, husband, children (if any), property, child support, and child custody.
The next step is called “service of process”; this means that both spouses agree to the divorce they must sign the paper acknowledging the service of process. Completing the service of process starts your waiting period for the next step. This also sets an automatic restraining order for both spouses to help establish a date on separation. Both spouses are restricted from selling property, take children out of state, and sell or borrow insurance of the other spouse.
The respondent, which is the other spouse, although it is not requires can file a response to the petition if he or she agrees to the petition. Filing the service of process shows that both agree to the divorce. The respondent also may respond back to disagree with any information presented in the petition. If a respondent does not respond back within 30 days, the petitioner can request that a default by the court.
The final step is that both spouses are required to disclose any information pertain their liability, assets, income, or expenses. If both parties agree on the terms of the divorce, there is little paper work left until the divorce is finalized. With the court’s final judgment, the divorce is then final. Spouse cannot remarry until the end of the state waiting period because the marriage hasn’t fully dissolved as of yet. If there are still some disputes that are unresolved, there may be another court trial required.
Are you looking for a lawyer to start the divorce process? Labrie, Pouliot, LaRocque & Guiel, P.C can help you navigate this process smoothly.
Trying to decide if you have a case? Please feel free to call and ask for any of our attorneys. If after hours, please submit our online contact form.
Labrie, Pouliot, LaRocque & Guiel, P.C. serves Hampden and Hampshire County MA, including Chicopee, Springfield, and Longmeadow, for car accident cases.