Divorce Procedures

By Author: Johana Junior
Total Articles: 8
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The divorce law in United States is complicated. The divorce law in U.S. differs from state to state. A person undergoing divorce should know about divorce law.

In some of the states of U.S., the attorney can file a petition when the husband or the wife leaves the house or the family. The couple cannot mutually file for a petition. The attorney can file a petition only when the spouse leaves the house. In this way the attorney takes steps to provide justice to the family and provides justice to the spouse who is left alone.

Some states in United do not follow a procedure of legal separation as per divorce law. Hence the person seeking for divorce should encounter an attorney and file for petition. If the person files a petition in the court, then he can seek for temporary separation. But if the person files petition in the court, he cannot seek for permanent relief.

Before filing for a petition according to the divorce law, you must secure a document of 'original petition for divorce'. This document can be secured by the local court. This document is known as 'Letter of Complaint' according to some states. ...
... This letter of petition consists of the names of the persons involved in divorce procedure, reason for petition, and a brief summary of relationship during the period. In the letter of petition, the person should also mention the exact cause for the breakdown of relationship which includes 'incompatibility' or 'differences of opinion that are impossible to reconcile'.

There are two parties involved in the process of divorce law a. petitioner b. respondent. A person filing a petition in the court is known as the 'petitioner' and the person who is defending the case is known as 'respondent'. The petitioner usually sends the 'letter of petitioner' to the respondent as a copy. This copy is also served to the respondent. Usually the members of the local sheriff department send the copy of petition to the respondent.

Once the respondent receives the petition filed by the local sheriff department, then he or she has thirty days time to seek assistance from attorney according to the divorce law. They should appoint an attorney, and also respond to the letter of petition. If the couple have children, then they can claim for the protective orders or temporary orders related to alimony or child custody.

As per the divorce law usually the court grants temporary divorce orders and hence they mention the tasks or the works that should be undertaken by the parties during the period until the complete the final round of divorce hearing. During the period of temporary divorce, the parties should cover evidences about child custody, child support, or spousal support. You must always be present at the time of hearing and hence if any parties do not attend the hearing, then they can be imprisoned or penalized depending upon the opinion of the judge as per the divorce law.

Usually the court grants a 'discovery period' to the parties to gather evidence which are divided into five distinct stages a. Disclosures b. Interrogatories c. Admission of Fact d. Request for Production to gather evidences such as income statements, bank statement or any other documents that are necessary e. Depositions.

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"Divorce Procedures" is an article of StateDivorce, a database of Winston-Salem area lawyers.