The divorce process can be very messy considering it involves many disputes and can be a time consuming and a complex process. There are many things involved, from debts, property and children; this whole process requires a lot of documentation and negotiations. An excellent law firm will always have a good and qualified lawyer for making sure that it is a smooth process for you.
To make this experience less complex and stressful you must have a brief knowledge about the whole scenario and a better insight into the execution process.
Starting the process by Filling a Petition
Whether the divorce is mutual or not, filing a petition is mandatory, before the whole process starts. One of the partners has to file for terminating the marriage. This documentation involves a statement that provides the reason for separation, any important information related to the partner and information related to being in legal rights to that will be required.
Different states different notion
Every state has its own legal requirement before you can apply for divorce which needed to be followed. Many states even provide a no-reason petition where you are not required to state a reason for filing the divorce.
If you are looking for legal advice In Dubai for divorce, one of the requirements is that both the partners should hold an Emirates ID. Divorce lawyers in Dubai would take you through the whole process step by step before getting into execution.
Next, after filling the petition you have to ask for Momentary Orders
A divorce process can take many years and it can get difficult to pull through it. This is where your lawyer can help you file for temporary orders. These orders are basically related to child custody, financial support, and any other support which the partner may require till the time everything gets finalised.
A hearing gets held for the request which decides whether it’s a legitimate request and should be put in motion or not. Though it’s not an obligation for the earning partner to pay the other one, while the process is ongoing..
After this, you have to serve your partner and wait for them to respond
After the petition and seeking temporary orders, your lawyer has to provide a copy of all the documentation to your partner. Another important thing is to provide proof of service, which tells the court that you have met all the requirements required for giving the copy of the petition to your partner.
Many times, a partner just for staying in marriage or to complicate things disagrees to sign the approval of the petition. The best way to sort this sit out is hiring an experienced lawyer who knows how to provide with the ideal solution.
If you are the receiving end of the petition
If you are the partner with petition in hand, you have to revert in a given time. If you fail to do so, then you may be put under being a defaulting party, which can further complicate things for you.
You can either approve the petition or dispute the allegations.
Next, you have the opportunity to negotiate the settlement terms.
It’s not easy even in a mutual divorce to settle at one go. There are many things in the middle, like children, property and financial settlements which make it difficult to come to middle ground. In such cases where settlement gets difficult, the court orders to participate in mediation, which is involving a neutral third party to make the couple arrive at a settlement. This is considered as quite a time-saving process.
These negotiations can go two ways:
In case negotiation fails:
When negotiations fail, the divorce case goes through trial, where both parties seek the help of court judgement for the unresolved conflicts. The trial process is very costly and takes a lot of time.
After the lawyer has presented the case in the court, the judge and the jury make the final decision. The distribution of financial assets and custody of the child if any. The court orders are the final orders that are followed from then on.
In case negotiation gets settled
In case the couples settle everything through mediation, then the judgement is drafted.
If you are seeking a divorce, always consult a professional lawyer who is experienced in handling such cases. The lawyer who will be responsible for taking your case, will be required to divide your assets and debts in order to avoid any issues in the future.
Always go for a professional and a well-experienced law firm as they are the experts and are known to handle these situations at best.