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Divorce cases are alarmingly on rise throughout the United States. Just like the reasons for divorce, the procedure for the same also varies and depends on the couple’s particular situation. Divorce procedures are less complicated and shorter for short-time marriages and in cases involving couples with no marital property or children. However, it is complex and time-consuming for long-term marriages and in cases where couples have marital debt, property and minor children.
Sometimes, couples seek amicable divorce and work together to iron out the issues regarding child custody and support, spousal support, property division and debt allocation. It leads to a less stressful and less expensive divorce for them whereas the experiences are different for the couples who refuse to sit together or fail to find out agreeable solutions.
Divorce Petition Filing
It does not matter whether or not both spouses agree to divorce, any of them enjoys the right to file a petition requesting the court to end their marriage before the other spouse starts the divorce procedure. The divorce petition must include the following information:
- Astatement informing the court that at least one of the spouses qualifies for the state’s residency requirements for divorce;
- A legal ground or reason for the divorce; and
- Other statutory information required by the petitioner’s residential state.
Residency requirements are not same everywhere. The spouses can file a divorce petition if at least one of them lives in the state for 3-12 months and in the country for 10 days to 6 months. Divorcing spouses are required to meet residency requirements of the state before the case is accepted in the court.
There are several grounds or reasons for divorce and these vary from one state to another. Still, all states allow the divorcing spouses to file a petition for non-fault divorce. It is a simple and straightforward process that does not require the spouses to pass the bulk of blame to the other or mention the grounds for divorce.
If any spouse perpetrated marital misconduct, some states have an option for the couples to claim ‘fault’ while filing a divorce. If you are not sure whether to go with a fault or no-fault divorce, ask your relatives, friends or other acquaintances for a referral to an experienced Charlotte divorce lawyer.
Temporary Court Orders
Courts know it well that waiting period is not suitable for all couples. If the spouse raises children and depends on the other spouse financially, it is not possible for him or her to wait for 6 months when the judge will scrutinize the ground and other details before granting a divorce.
When you file a divorce petition, you are allowed to ask the court for temporary orders for spousal support, child custody and child support. On your request for a temporary order, the court will immediately arrange a hearing and seek information from each spouse before it decides on ruling on the application. The judge sanctions the temporary order quickly and its validity lasts until the court orders otherwise or the judge grants the divorce.
If you didn’t file a request at the time of divorce petition filing and now need a temporary court order, apply for it as soon as possible.
