PRESENTATION OUTLINE
It is not necessary for both spouses or domestic partners to agree to end the marriage.
Either spouse or partner can decide to end the marriage, and the other spouse even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case.
If a spouse or domestic partner does not participate in the divorce case, the other spouse will still be able to get a “default” judgment and the divorce will go through.
Petition for Divorce
This is the document that the person who wants a divorce files with the court asking for a divorce.
It might also be called Petition for Dissolution of Marriage.
A petition sets out the relief that the person wants the court to grant as well as the legal grounds for the relief and any factual support.
Temporary Order
It is a court order that is not permanent. It will last only until a hearing, or a final order is issued, or until some other specified event occurs. A temporary support order is an order that provides for one of the parties to a divorce to pay support to the other party either for that party or for the children or both. A temporary restraining order might be issued to prevent one of the parties to a divorce from disposing of property.
Community Property
In community property states, property that is acquired by the husband and wife during their marriage belongs to both. Property that was owned by either spouse prior to the marriage is their separate property. However, if separate property becomes commingled with community property it can become community property. A spouse can acquire separate property during their marriage if the property is given to that spouse as a gift or inheritance
For example, where husband and wife combine bank accounts when they get married the amount each had in the accounts before they were married will cease to be separate property.
What happens to the couples belongings or property after the divorce?
Equitable Distribution
Many states require the equitable distribution of property acquired during the marriage. This means that property and debts should be divided fairly, not equally.
Several factors may be used to determine what is fair including the length of the marriage and earning capacity of the parties.
Child Support
Parents have a legal obligation to support their children. In a divorce, the non-custodial parent will be ordered to pay child support to the custodial parent. If there is joint custody, the parent who has primary physical custody will receive child support from the other parent. Each state has child support guidelines that are used to determine the amount of child support.
Custody
When used in the context of child custody, this refers to the person who will have responsibility for the child. Sometimes a court will award sole custody to one of the parents. Many courts now award Joint Custody to both parents. Sometimes joint custody refers to the fact that both parents continue to have an equal say in the upbringing of the child, even though one parent is awarded primary physical custody.
Custody continued...
When a parent has primary physical custody the child will live with that parent and have visitation with the other parent. Sometimes joint custody refers not only to the fact that both parents continue to have an equal say in the upbringing of the child, but also to the fact that the child is to spend roughly equal periods of time in each parents' household.
Visitation
When one parent has primary physical custody of children of the marriage, the other parent is granted the right to visit the child on a regular basis. A visitation schedule is usually spelled out to avoid disagreements between the parents as to when visitation should take place.
What is the difference between divorce and an annulment?
Don't confuse divorce with annulment
Annulment is if a couple goes through a wedding ceremony without meeting the requirements of legal marriage.
An annulment is different from divorce, court order ends a valid marriage
