The process of divorce
- The petition is filed. (The individual who initiates the process is the “petitioner”; the individual who receives the petition and responds to it is the “respondent.”)
- The petition is submitted to the court and then delivered to the respondent.
- The respondent gives an “answer” or “response” within 1 month.
- If there is no “answer” or “response,” the petition goes into Default.
- If there is an “answer” or “response,” the formal trial begins.
- Whether there is a response or not, it takes 7-9 months for the final sentence to be given.
- The majority of the states in the United States do not acknowledge property divorce.
Divorce Agreement Requirements
- The duration of marriage must be fewer than 5 years.
- Including adopted children, there must be no children between the two partners.
- There must be no disputes in regards to child custody, child support, or alimony.
- Between the two partners, the total of joint debt must be less than $6,000. The total of individual debt must be below $6,000. The total of property under both partners’ names must be less than $38,000.
- Both partners must file at the same time. Instead of Petitioner and Respondent, they will be referred to as Husband and Wife.
- From the date that the divorce is filed, it will take 6 months before the final decision can be requested. Therefore, it cannot be considered a property divorce.
Once the divorce process has begun, issues like child custody, child support, and visitation will be addressed in order. After those issues are settled, alimony will be addressed.
- Divorce Agreement : In regards to California, the Joint Summary Dissolution of Marriage is considered a Divorce Agreement. In order to carry out this process, a marriage must meet the requirements of a Divorce Agreement.
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