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Why You Need A Divorce Attorney Berkeley CA Professional In Your Divorce Process
Divorce processes vary depending on the parties and condition of the parties divorcing. In a situation where the divorcing couples are not married for a long time, have few debts and properties and have no kids the process is not tedious. However, where the divorcing parties are married for many years, have a significant amount of properties and several children the process may be cumbersome. Below are things that happen during a divorce and why it is imperative to rely on competent lawyers such as a divorce attorney Berkeley CA.
The initial step in this process would be to file a petition. Even if both of you agree that you need to get a couple separation, one party should be the one to file this petition to the court so that they ask to get the couple separation. The reasons to get the couple separation will be different depending on the rules. Your attorney should tell you whether the fault grounds are allowed in the state you are in and if they are, they will advise you if it will make sense filing for the divorce on these grounds.
If you are in a situation where one of the spouses depends so that they get financial support, or they get the custody of the children, then that spouse will need to ask the court for the temporary orders so that they get support.
When you ask for a temporary order, it will be granted within a few day and usually take effect until the court hearing. This is why you should make sure that you file the temporary order when you are filing for the couple separation, and if you fail to do so, you should ensure that you file the temporary order right away.
The other stage is the service process. In case you file for a separation, you should as well file for the proof of service procedure. This is a paper that indicates that the other party received a copy of the petition. The service process might be undignified, or very dignified or in between.
The spouse who is given the service of the process will need to then file the response to this petition. If the couple separation was arranged on fault grounds and the responding spouse wants to disagree with these grounds will need to address them. The spouse responding may choose to disagree with the grounds claimed to be the reason for the couple separation or they may choose to look for a defense on the grounds.
In case the separating parties fail to agree on different issues, it is important to discuss their differences. The court might organize settlement conferences which try to move the separating couple towards a certain resolution on the issues. The court might order mediation, particularly where the couple fails to agree on certain issues.
There is also the end of the dissolution that will bring an end to the marriage and spell how the debts and the property will be divided. When the spouses negotiate their own resolution of these issues, then they will draft this order of desolution then present it to the court. If the draft will comply with the legal requirements, then it is approved by the court.
The initial step in this process would be to file a petition. Even if both of you agree that you need to get a couple separation, one party should be the one to file this petition to the court so that they ask to get the couple separation. The reasons to get the couple separation will be different depending on the rules. Your attorney should tell you whether the fault grounds are allowed in the state you are in and if they are, they will advise you if it will make sense filing for the divorce on these grounds.
If you are in a situation where one of the spouses depends so that they get financial support, or they get the custody of the children, then that spouse will need to ask the court for the temporary orders so that they get support.
When you ask for a temporary order, it will be granted within a few day and usually take effect until the court hearing. This is why you should make sure that you file the temporary order when you are filing for the couple separation, and if you fail to do so, you should ensure that you file the temporary order right away.
The other stage is the service process. In case you file for a separation, you should as well file for the proof of service procedure. This is a paper that indicates that the other party received a copy of the petition. The service process might be undignified, or very dignified or in between.
The spouse who is given the service of the process will need to then file the response to this petition. If the couple separation was arranged on fault grounds and the responding spouse wants to disagree with these grounds will need to address them. The spouse responding may choose to disagree with the grounds claimed to be the reason for the couple separation or they may choose to look for a defense on the grounds.
In case the separating parties fail to agree on different issues, it is important to discuss their differences. The court might organize settlement conferences which try to move the separating couple towards a certain resolution on the issues. The court might order mediation, particularly where the couple fails to agree on certain issues.
There is also the end of the dissolution that will bring an end to the marriage and spell how the debts and the property will be divided. When the spouses negotiate their own resolution of these issues, then they will draft this order of desolution then present it to the court. If the draft will comply with the legal requirements, then it is approved by the court.
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