Choosing to file for divorce is a big decision that drastically affects people’s lives. In many instances it is the best thing for someone and the pain of going through a divorce is less than the pain of staying with someone. If you are considering choosing this path, here is what to expect.
Filing for divorce
The process for divorce starts when one party gets a lawyer who writes the “petition” of complaint, which is the legal document that highlights why they want to get a divorce. This is then filed with the court. The court makes sure that the complaint is served to the other party.
The served party has three weeks to respond to the complaint.
The two parties must try to come to an agreement on how their assets will be split and if alimony must be paid. If there are children involved then a custody plan must be determined. If the two parties can’t come to an agreement and no settlement is reached then they must go to trial.
At the trial the two parties attorneys make the case for their clients presenting arguments on why their side’s agreement is more just. Once a judge makes a decision regarding the points disagreed upon, the divorce is granted.
If one or both parties disagree with a judge’s ruling then they can appeal to go to a higher court. It is unusual for a judge’s decision to be overturned and if both parties agree to something it can’t be overturned.
There’s no way to guess how long a divorce can take. Every case is different and it depends on how many factors are involved and if it will need to be taken to trial.
Thank you for visiting Payal Jethva’s blog, an Austin divorce attorney. We write to inform people about the divorce process and what to expect.