Does the Process of a Dissolution of Marriage Involve?

Divorce, especially for women, increases their risk of having a heart attack.

Additionally, divorced men have higher rates of mortality, depression, and substance abuse.

The divorcing experience is different for each couple. However, many will agree that it’s mostly a painful and stressful process.

Being in the know of what to expect during the dissolution of marriage can make the process easier.

Here’s a guide to help you through the marriage dissolution process.

Two Types of Divorce

A dissolution of marriage or divorce is the legal end of a marriage done by a court.

Depending on the grounds for divorce, it can be divided into fault or no-fault divorce.

In the former, the petitioner lays a claim that the partner is responsible for ruining the marriage. Some common reasons for filing for divorce based on fault grounds may include adultery, abandonment, incarceration, abuse, among others.

When it comes to the no-fault divorce, neither of the spouses blames the other for the separation. Possible grounds to file for a no-fault divorce include living apart for a long period of time, irreconcilable differences, or irremediable breakdown of the marriage.

The Process for Dissolution of Marriage

Many counties are abandoning the fault divorce. Thus, we’ll focus on the dissolution of marriage based on the no-fault option.

Remember, certain counties will require a couple to have an initial separation period of two years or more before filing for divorce on the no-fault grounds.

Create and Sign the Agreement Documents

No-fault divorces are less stressful to both parties as well as the affected children. Agreement documents make this process easier.

Some of them include:

Separation Agreement

This agreement details a consensus reached on all issues you and your spouse need to resolve before the divorce.

Both of you should create and sign the separation agreement voluntarily.

The document contains decisions on different issues such as:

Keep in mind that this agreement can be converted into a divorce judgment and made part of the judge’s ruling.

Parental Agreement

If children are part of the divorce, it’s best to come up with a parenting plan. This is a statement signed by both parents agreements on how the parenting will be done.

If the judge feels that the agreement is fair and made with the best interests of the children, it may get approved. This will simplify the divorce process for all parties.

Some of the issues detailed in the parenting agreement include:

For this process, ensure your children are comfortable with every step and agreement.

Fill the Divorce Forms

There are a number of forms you’ll need to fill and make copies of to start the marriage dissolution process.

They include:

1. Petition for Dissolution of Marriage

This is a document that asks the judge to end the marriage.

It should have the basic details of you and your spouse, date of marriage, and grounds for divorce.

Ensure you fill the form’s details correctly to avoid it being sent back to you.

2. Allocation of Parental Responsibilities

If children are part of the process, you’ll need to fill this document. It provides each of the partner’s parental responsibilities.

3. Uniform Child Support Order

This is a document that seeks for monetary support from the other partner in terms of child support.

4. Notice to Withhold Income for Child Support

This is a document that requests a portion of your partner’s income to be withheld to cater for child support.

Notably, if the divorce doesn’t involve children you only need to fill the petition for divorce form.

File the Forms with Your County Court

Once you fill the forms, you’ll need to file them with the circuit courthouse in your locality. If you and your spouse live in different counties, then you can file them in any of the counties.

Most counties will give you an option to file the forms electronically or physically. Ensure you make a copy of the filled forms as you’ll need them later in the process.

Notify Your Partner

After filing the forms, let your partner know about the petition. Send them the petition accompanied by a summon.

If you don’t know the whereabouts of your partner, publish a notice of the divorce in a newspaper.

Notifying your spouse of the marriage dissolution is essential as it gives them an opportunity to disagree or agree with the details in the divorce papers. It also notifies them that you’ve started the divorce process.

If you don’t serve your partner with the petition or summons within the provided time limit, the lawsuit may be dismissed due to lack of proper notice.

Once your spouse is notified, they should file a response in the form of an acceptance or voluntary appearance form. If they fail to do this, the divorce goes into default judgment.

You won’t get divorced for at least six weeks. This period helps both of you to reconsider your decision to end your marriage.

If there’s potential for reconciliation, you may opt for a legal separation.

The Waiting Period

Once you complete the paperwork, you’ll have to wait for a court date.

In case your spouse fails to file a response within 30 days after the notice, you need to ask for a hearing date. However, you can ask for a hearing date earlier if your partner signs a consent or appearance form.

During this waiting period, you can come up with a marital separation agreement or a parental plan.

Divorce is Granted

Once the hearing date is set, have the copies of the filled documents with you. 
If you’re representing yourself, have detailed information about the case including the plaintiff’s name, the respondent’s name, case number, your county, among other details.

An uncontested divorce takes less time. Additionally, if both of you reach a fair agreement, the judge will grant you the divorce.

However, if you have a contested divorce, the case will go to trial. A trial may take months before reaching a resolution. Additionally, if one of the parties is unhappy with the court decision at the trial, they can file an appeal.

Do You Need a Lawyer for Your Divorce Case?

Having legal advice in the event of a dissolution of marriage won’t hurt, especially if your divorce proceeds to trial.

An attorney will prepare all the papers needed by the court. They’ll also protect your rights and those of your loved ones during the trial.

You may also want to stay up-to-date with this recent news on divorce laws.