Forms of Divorce Procedure

Who Files For Divorce?

The answer to who files for divorce depends largely on which kind of divorce you are going through. In a perfect world, simple, amiable, uncontested divorce is the norm, where divorce proceedings would not even make a dent on your household budget, but realize that in some cases a touch more strategy goes into the divorce proceedings. If you are worried about how you may have a particularly complex divorce case on your hand, you may wish to obtain some specific legal advice from an attorney who can find out the correct…

Who Files For Divorce: The first question that must be answered is who is the respondent? Usually, the respondent is the person who filed for divorce, except in the case of a no contest divorce. The respondent may also be one of the spouses, although this is less common than it used to be. Other family members such as children and other relatives may be named as well.

Who Files For Divorce?

Another question that needs to be answered is who files for the divorce. In many cases, one spouse files for divorce while the other spouse remains neutral and neither file for nor against the divorce request. When filing for divorce, the name of the respondent should be entered on the petition along with their address. If one spouse is filing alone, the name of the spouse filing with the support of another person or filing as a dependent should also be entered on the petition. Also, if one spouse is filing alone, there should be a separate petition.

Who Favors a Pro Se Divorce? One possible reason for not wanting a traditional divorce involves the difficulty of proving the irreconcilable differences. Often, this requires witnesses who are strangers. For this reason, many people who would prefer a no contest divorce prefer a no pro se divorce. A no pro se divorce means that the parties involved will both sign the divorce decree without a court trial.

What Kinds of Temporary Orders Are Used in Divorces?

There are two main types of divorce orders: major and minor. Major divorce is a divorce procedure that grants the right to the other spouse to have a divorce. Minor divorce is a procedure that grants only some, or all, of a spouse’s conjugal property to one party. Either type can be filed with the clerk of court after filing with the appropriate county.

What is a Mere Conduct Divorce? When a married individual , their previous marriage is deemed null and void because they were not married in the state or county where they got married. A major divorce is considered “solely” marital fault. A minor divorce may still involve some fault, though. If a married individual has been married three times and has four children with the fourth, for example, the case will likely end up being tried under the major divorce statues.

Leave a Comment

Your email address will not be published. Required fields are marked *