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Surviving Divorce – Anyone who has gone through a divorce will tell you that it isn’t a walk in the park…
When filing for a divorce, the laws of your state will serve as the primary set of rules and guidelines. In this brief article, we shall look at how divorces are filed, as well as explain the reasons why people file for divorce in the first place.
Family deals with family matters and domestic relations. Common family law subjects include divorce or annulment, child custody and visitation rights, child support payments, and spousal support / alimony.
PROPERTY AND ASSETS
Property division often boils down to something more than the average 50-50 split between both parties in the divorce. You may not get the desired 50-50 division, but at the end of the day, we will help you get what is fair.
Divorce Ink – DIY
If you’re looking for a divorce, you’ll want to consider Divorce Ink. We put the ink on your divorce without putting a strain on your wallet. At Divorce Ink we understand that you may want to handle your matter yourself and want to help you navigate this process.
Divorce Ink – Divorce Grounds
Generally speaking, most people file for divorce on no-fault grounds. Depending on your state, no-fault grounds for divorce can be based on such issues as irreconcilable differences or living separate and apart for a period of time. Some states still recognize fault grounds such as adultery, physical or mental cruelty, or conviction of a felony. Before you file for divorce, you should know the grounds available in your state and choose one or more appropriate grounds in your petition filed with the court.
Filing on no-fault grounds typically makes the divorce process easier. With no-fault grounds, neither spouse has to prove the other spouse did something wrong that resulted in the breakdown of the marriage. The parties still must produce evidence and prove facts that form the basis of the no-fault divorce. If the divorce is based on irreconcilable differences, the proof may be as simple as both parties testifying that the marriage is broken. For divorces based on living separate and apart, there must be some testimony produced that the parties were living separate and apart, although it usually not be necessary to prove that the parties were living in separate households. In some states, only one party or both parties need testify, while other states may require independent witnesses to testify to the grounds for divorce.
Fault grounds are typically more complicated as the court requires evidence be presented that proves the fault allegations. It can end up being your word against your spouse's, as it is easy to deny such allegations, especially if your evidence is shaky or even insufficient.
At Divorce Ink, we provide you assistance and support in more ways than one. Filing for a divorce may not be the easiest thing to do – it can be, in fact, as difficult budget-wise as it is difficult emotionally. We can, at the very least, save you money and headaches.
All too often, divorcing couples pay large amounts of money, but at the end of the day, it’s much ado about nothing. We won’t let that happen here at Divorce Ink. Don’t let your divorce turn into an expensive affair that leaves both parties worse for it – let Divorce Ink lighten your load in every way possible. One thing we won’t do, though, is significantly lighten your wallet.
With our commitment, assurance, and savings – Divorce Ink will make your entire divorce process EASY and SIMPLE.
Our focus is on the following:
- General Divorce Law
- General Family Law
- Child Support, Access, Mobility & Custody
- Spousal Support
- Property or Asset Division
- Divorce DIY
Divorce Ink - The Divorce Process
Divorces can be considered as either Standard or Joint. A Standard Divorce is just that – the person filing is the Plaintiff, while the person being filed against is the Defendant. Most individuals filing for divorce from their spouse choose this option, and once filed against, the Defendant has the option of not responding to the charges. The ball is securely in the Plaintiff’s court, as he or she can determine how the divorce goes, of course with the help of his or her divorce lawyer. A Joint Divorce, on the other hand, would involve both parties going to Court and expressing their desire to split up. There is no Plaintiff or Defendant, just Husband and Wife. These divorces do often become contentious and are thereby transformed into Standard Divorces, with the rules of such applying going forward.
Whether they may be Standard or Joint, regardless of the grounds, divorces can be Contested or Uncontested. Contested Divorces can be resolved with a mediator's help, otherwise the couple will have to go to trial for resolution. Uncontested Divorces are the exact opposite – husband and wife both agree to the issues brought up. Here is a flowchart describing the usual divorce procedures.
- Couple or Individual Files for Divorce – Any pertinent documents should be attached with the application, such as special arrangements for child support, child custody and/or spousal support.
- Spouse is Served with Divorce Papers – A process server would deliver the papers to the spouse being filed against. This would apply for Standard Divorces, as Joint Divorces involve both parties filing for divorce at the same time and place.
- Spouse/Defendant Has Time to Answer – The "Answer" stage, again, only is applicable for Standard Divorces. This is where the spouse/Defendant is given a certain number of days to file for what is called an Answer – this would be his/her divorce papers and any other documents. The filing of an Answer makes the divorce Contested. Otherwise, it is an Uncontested Divorce, wherein both parties need only wait a period before finalizing the divorce.
- Plaintiff Has Time Days to Reply – The Reply is filed by the Plaintiff within a certain number days of the Answer being filed, and would include any rebuttals or new issues that need to be raised. If the Plaintiff does not furnish a Reply, the process moves on to the fifth stage.
- Case Conference and Discovery – Case Conferences are more of a formality than anything else, because Discovery is where both parties actually discuss pertinent matters such as child support, custody and financial settlements. This could take some time, but not that much if the necessary documents are supplied in a timely manner.
- Filing for Motions – This is an optional stage – a Motion is only filed if there are certain unresolved issues that need speedy resolution.
- Settlement Conference – To avoid a trial, a couple can discuss issues with a Judge in hopes of finally agreeing on terms. If such a conference is successful, the divorce is consummated.
Divorce Ink provides affordable service and reliable advice to couples seeking a divorce. We are aware of the financial, emotional and personal impact divorce can have on husband, wife and children. We do not seek to turn couples against each other – rather, we make sure our clients get the best deal possible without forsaking the other party in the case. We’re proud to say we know what we are doing, and we do it for you without taking a toll on your finances.
If you are considering getting a divorce or separating from your spouse, you can also use the handy feedback form on our website. It’s free, and communicating with us first will give you the assurance you need in making the right decision. And yes indeed, divorce is a very important decision some of us have to make when there doesn’t seem to be any more hope in keeping the relationship alive. It’s something that has to happen, but with Divorce Ink, you’ll at least get more peace of mind and advice to guide you every step of the way.
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