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Health & Fitness

How to Start the Divorce Process



We are often asked how the divorce process starts...what literally happens? The following is a step-by-step outline. The divorce process starts when you or your lawyer files what is officially known as a Summons and Petition for divorce with the appropriate court in your chosen jurisdiction. That makes you the petitioner or plaintiff in the process. This document includes the following information: your name , the name of your spouse, your children/children's name/s and date/s of birth the date of your marriage ( or your registration of domestic partnership) the date of your separation (if appropriate).
Additionally an outline of your preliminary requests are included. These requests are subject to change and negotiation: the custody of the kids, spousal support, division of the estate who is responsible for paying the attorney’s fees   The court clerk stamps the petition indicating that a lawsuit has been initiated.   Next a copy of the petition must be served on your spouse. This is called SERVICE of PROCESS. Depending on your jurisdiction you may: 1. Give it to your spouse in an informal manner and ask that he/she sign an “ Acknowledgement of Receipt”. It is a good idea to include a stamped self-addressed envelope. 2. Deliver it formally, called a" qualified personal service" -  delivered by someone over 18 who is not party to the action. The personal server, often a marshal of the court, signs a proof of service swearing on pain of perjury that he or she identified the respondent and served him/her the papers on a specified date at a specified time at a specified location.  Proof of Service starts the divorce process.   ATRO's ( Automatic Temporary Restraining Orders) sometimes called Automatic Orders are then initiated. They restrain you or your spouse from taking your children out of the state without the consent of the other parent. Also both spouses may not take any action involving money or property that is outside the normal transaction of your daily life. No name change on bank accounts, no taking large amounts of money from joint accounts, no big ticket purchases, no putting the house or second home on the market, no major charitable contributions, no borrowing against or cashing in an insurance policy are allowed under Automatic Orders. Be aware that even though it is against the law, people often stretch the boundaries of acceptable practices. It is therefore advisable to discuss best practices in your particular case with your attorney as well as keeping an eye on joint bank and credit card accounts. Creating additional debt during this time can be as big an issue as depleting assets.
  If you have been served, you are usually given 30 days to respond.  It is a good idea to request an extension, as it often takes more than 30 days to gather the information you need to hire the right lawyer.
 

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