Divorces can be tough to go through. Both sides are usually devastated by this action but sometimes it needs to be done. Even though in these troubling minds there is a lot that goes through people’s heads, still it would be very beneficial for you to understand how the divorce process goes so that you can prepare in time.

Many things can lead to a divorce, some marriages crumble because of loss of affection, while others do so because of some bigger problems. Either way, the result is the same. What you should know is that it is always good to have your own lawyer when you see that some things do not seem to go in the right direction anymore. If you sense that your marriage is crumbling, you should immediately start to prepare for the worst by finding a local divorce lawyer. If you live somewhere in California, you should go and find a good Carlsbad Family Law Attorney who will guide you during these hard times. If your spouse is abusing you or something similar, even if you do not want to call the police for that, you should tell your lawyer what you are experiencing and find ways to document what is happening. If you have any bruises, take photos of them. Keep in writing all that is happening to you and date all the events. If you ever have to opt for divorce, you will have a great case for yourself. If you work things out, that is even better, but you should be prepared for the worst.

The Initiation

The first real legal step to divorce is, of course, the initiation. Here, one of the two spouses files a divorce petition. You have to be careful when filing your divorce that you file it in the right jurisdiction and venue, usually in the area where the spouses live. Depending on the state, you may need to give a reason why you want to end the marriage; it can be something like abuse, cheating, or something similar. Whereas in some states, no reason needs to be mentioned. In some cases, you may ask for temporary orders, like when it comes to child custody.

Service of Purpose

The other spouse must be given a copy of the petition. This can be given by a third party or by mail. The goal of this step is to inform the other spouse of the initiation of the divorce. This service is given in a certain time frame after the petition was filed and some states require that it be given for a certain period or it will become null and void. If irregularities happen with the service, it can lead to serious delays in the process, and it can even lead to the dismissal of the case, so you have to be careful. 

Discovery

In this segment, both parties come with their lawyers to discuss different documents, such as property records, financial documents, and other things that need to be discussed. Here, both sides will learn about what the other side wants out of the divorce. How much property they want, how many assets, and other similar issues. The goal of the discovery phase is to have a peaceful end to the marriage where both parties agree on what they get after the divorce. If there is no deal, then the next phase is the trial.

Trial

If the parties cannot agree to a settlement or peaceful solution, then the case has to go to court to be resolved. Here, all the evidence will be laid out and then the jury or the court will decide what the outcome will be. Before the trial starts, both parties will, of course, prepare for the trial. This involves gathering all the possible evidence, the preparation of witnesses, and the investigation. The more proof you and your lawyer can gather, the better the results of the trial will be.

The trial starts with opening statements from both parties, where they present their case and point out the issues they are going to be discussing. The next phase is where the parties lay out the evidence they have that supports their claim. This can be physical evidence, written evidence, and testimonies. When you have outlined to the court your supporting evidence, you may now cross-examine the witnesses. In the end, we have closing arguments where both parties try to highlight some key elements for the jury or judge to hear once more. Now the jury or judge will take all that has been said into consideration and make a verdict.

Understanding Divorce Processes from a Legal Perspective

Appeals

After the trial has finished, there is still a chance for one of the two parties to appeal the decision made by the court but they will have to have a valid reason why. Also, they may appeal the decision to a higher court.

In Case Your Spouse Breaches the Agreement or Ruling

Your lawyer can also help you if your ex-spouse breaches the agreement on the ruling. This is something that happens quite often and it can lead to further trauma for your family so it is best that you are prepared and know what your options are. The first thing your lawyer will do is write a demand letter in which he or she notifies the other party of a breach and where they will demand compliance with the rulings. If that does not do the trick, then more needs to be done. Your lawyer can now file contempt proceedings. If he or she is proven guilty, then the court may fine them or, in some cases, imprison them. 

Divorce proceedings can be really long and quite complicated so it would be best that you never find yourself in these types of situations. You should always look to find compromise in your marriage. If you see that something is not right, try to react immediately so that you can solve the issue. Sometimes divorces are inevitable so it would be best to get them done and over with.

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