If you are seeking divorce, you will need to understand divorce procedures in full. Understanding what happens during the divorce process will help you to make the best decisions for your family and yourself. Divorce is a legal proceeding in which one party files a petition with the court that states that they cannot agree to or cannot concur with the other parties marital duties and desires, said a family lawyer Lennon. Once the petition is filed in the proper court, the court will conduct an investigation to determine what, if any, problems exist that would prevent a peaceful divorce. In many instances, a divorce can be amicable and both parties can agree to all terms of the divorce. However, there are some cases where there may be no chance for an amicable divorce, especially if the parties involved are of different religions or have different cultural backgrounds.
In these instances, a legal annulment may be required. An annulment is when a court officially re-lists a marriage as null and void because the marriage was invalid from the beginning. In most cases, an annulment is granted by the court after the completion of the divorce process. Once a legal annulment is granted, it will effectively terminate the divorce process.
For those that are not familiar with the laws of family law, understanding divorce requires an in-depth look at what an annulment is and what the legal ramifications can be. An annulment is when the divorce process has been successfully completed but the marriage is officially declared invalid. An annulment is different than a divorce in that the marriage is officially terminated and there is no chance of re-maritalization. Many times, a couple agrees to get an annulment just prior to filing for divorce. However, some attorneys believe that getting an annulment before filing can help to prevent issues that could arise after the divorce such as custody and visitation rights.
Another important concept that you need to understand and appreciate when it comes to understanding divorce is what happens to assets during a divorce. There are two types of legal actions that occur during divorce proceedings, the first action is a divorce judgment and the second action is a temporary relief hearing. A divorce judgment is the formal declaration that a judge has ordered that one of the parties is in default of a divorce agreement. The judge will issue a divorce summons and provide notice of the hearing date to either party.
The second legal action that takes place after filing for divorce is a temporary relief hearing. Temporary relief hearings usually last two to four days and are conducted before the court. During this time, the spouse filing for divorce makes requests for matters that have bearing on the dissolution of the marriage such as child support, spousal support, alimony, division of property and other financial obligations. If the court rules in favor of one of the parties, then a temporary separation order is entered and will remain in effect until the marriage certification has been finalized. If the court does not rule in favor of one of the parties, then the marriage certification will be denied and a divorce decree will be issued.
It is important that you understand the above concepts on divorce and that you fully comprehend the divorce procedures if you are to proceed with a divorce. Understanding what takes place during divorce proceedings is helpful in making sure that you do not over-complicate the proceedings or get yourself into a legal bind that may affect your divorce. You should consult with an experienced divorce attorney before filing for divorce so that your divorce will go as smoothly as possible and that your divorce procedures will run smoothly. An experienced divorce attorney can give you the information that you need to make an informed decision on divorce.