Divorce
Jacoby & Meyers Law Offices
Our divorce lawyers at Jacoby and Meyers have long experience with divorce and can help you get through it as painlessly as possible. The process is fairly similar in all states, although the reasons for a marriage ending are many and various.
Overview of the process
You can start with a legal separation, as a test or half-way sort of measure. Or you can immediately file for divorce.
- Filing the Petition
- Residency
- Grounds for Divorce
- Paperwork
- Property Division
- Debt Distribution
- Spousal Support
- Child Custody and Visitation
- Child Support
Filing for divorce usually has to be done in a state where you have lived for a certain minimum time, usually six or twelve months. Some states ask for only one day of residency.
The person filing needs to state why they want to end the marriage. No state requires that any fault be proven, although this option is still available and may have advantage in some cases. Your attorney can advise you on this.
File the petition in the county where you live. A copy has to be served on your spouse by a third party.
If this can't be worked out between the two parties, a court will decide it. Some locations require mediation. A court will use one of two methods: Community Property or Equitable Distribution (also called Common Law and Marital Property Law). Each case is different in property division and some are quite complex.
How this is done will depend on what system the state uses. If both spouses have signed on a debt (car loan, mortgage, etc.) they will both be liable for it regardless of any other factors. To make things easier, it's a good idea to close joint accounts and free each other from any joint liabilities.
The states differ on how this is done, although in all states it can be awarded to either wife or husband. Many factors go into this decision, such as the health of each spouse, length of the marriage, and homemaking contributions. Payments can be for a set time only, or in a lump sum, or ongoing.
This is called the Parenting Plan in some states. It addresses many important issues, such as where the children will live and go to school, how they will receive medical care, and which parent will make decisions. If the parents can't agree, the court will decide.
Both parents remain responsible for this. If they can't agree on it, the court will set an arrangement and order them to comply with it. Whatever is arranged, it can be modified later if one parent's or both parents' circumstances change.
These are the main components of a divorce, and when they are all settled the court will grant a final judgment of dissolution. Not until this is signed by the judge is the divorce final. Throughout this process, there are many complex and painful issues and they can be dealt with more quickly and easily if each party has a divorce attorney to speak for them and represent them.
If you would like to learn whether mediation is an alternative, please click here.
Please call or email Jacoby & Meyers for a free consultation if you are approaching a divorce, especially if it looks like being a difficult one. We can ease the way for you.
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