An interesting and rather appalling fact in today’s society is that the number of divorce cases filed each and every year has increased over the past decade. This means that although a lot of people get married; there are also a lot of couples who end up in divorce.
That being said, fees can pile up since you will be hiring a divorce attorney to help strengthen your case. As to how much you need to pay, that will depend on a number of factors.
If you’ve been married only for a couple of months or just below 3 years and assuming that you do not have any properties or assets that need dividing and you have no children, then the process will be easy and smooth for the most part.
However, things drastically change if you have assets to divvy up, you have minor children, and you’ve been married for quite a long time.
The process is also much simpler if both spouses have agreed to the divorce. However, if one party wants the divorce and the other doesn’t, then the process will be long and arduous.
It All Starts with the Petition
The first step of the process would be to file for a petition for divorce. Whether both parties agree or only one does, it would still require either party to file a petition in the court.
The petition will detail the grounds for the divorce. Do note that the grounds for divorce will vary based on jurisdiction as laws in every country or state may differ when it comes to this matter.
However, it is safe to say that all jurisdictions would allow for some sort of “no-fault” ground such as the ever-common “irreconcilable differences”.
There are some countries or states that may consider what are known as fault grounds such as abandonment or adultery as well. Ask your attorney about these fault grounds and if they are applicable in your state or country. If it is, ask them to give you guidance regarding the matter.
If one spouse will depend on the other for financial support, then they can ask for that in court by filing temporary orders for custody and support (assuming that you want to get the custody of your child).
For instance, if the wife is a stay-at-home mom since the beginning, they can file for a temporary order that will obligate the husband to pay for the household bills, as well as for childcare.
If the wife was the one who petitioned for the divorce, then they can file for the temporary orders at the same time. However, if the other party was the one who filed for the petition, then you will need to file it separately as soon as possible.
Once the petition is filed, the other party will be given a notice of the petition and may dispute the said petition to assert a defense to the grounds.
The court will give both parties to negotiate and come up with terms that both can agree upon. These terms may include financial support, child custody, division of assets, and others.
If both parties were not able to agree to the terms, the court will give ample time until a resolution is reached.
If both of the parties were truly unable to come up with a resolution, then this will result in a trial. If this is the case, it will take a very long time before it gets resolved and may cost both parties a lot of money.
Suppose that both parties came up with an amicable agreement- agreeing to all of the terms that are set- then they may be able to draft an order of dissolution which will be signed and submitted to the court.
If it complies with all of the requirements, then the court will honor this. However, if a trial is needed, then this document will be given at the end of the trial.