How the Process Begins in the Modern Legal System
Sometimes a relationship goes sour, and a couple decides to split up. When the couple is not married, this process is a whole lot easier. However, once a couple is married, there is a specific legal procedure that must be adhered to. Learn about how divorce cases usually begin.
The Start of the Case
Most divorce cases begin when one of the parties files a petition. This document includes all the pertinent information that will allow the court to render a final decree. In essence, the petition will contain the names of the parties, the reason for the divorce and information about a couple’s children. It will also contain certain financial information and data about other personal or real property.
When a petition is prepared by Rockville divorce lawyers, it will be served on the other party first. This is a legal requirement that exists in nearly every jurisdiction. The service of process gives the other party notice that the proceeding is underway. The petition will also need to be filed with the local family court.
The Next Step in a Divorce
The next thing that happens in a divorce case is that the non-moving party responds to the petition. This is not a necessary step, but many respondents do decide to file a response. This is the respondent’s opportunity to state whether he or she agrees with the information in the petition. It is also the likely start of any disputes between the two parties.
A divorce can be rather simple if the two parties come to an agreement. The court can enter an order that reflects this. In this scenario, additional court hearings may not be necessary.
When a respondent does not agree with something in the petition, it is likely a hearing will be held. Further negotiation between the parties may occur during the time between the response and the court date. If nothing is resolved, Rockville divorce lawyers may need to represent a party in court. This could increase the time and costs involved in the proceeding.
The Remaining Issues
Court hearings involving divorces are often complicated and stress-inducing. Yet, in the end, a final resolution will be created. The length of time it takes to complete the process will vary depending on a number of factors.
You can get help with family law matters from The Law Offices of Sandra Guzman-Salvado. The attorney can assist residents of Maryland with divorces, child custody matters and child support issues. Contact the law office at (301) 340-1911 or by visiting.