A divorce can be a painful thing to go through, especially as it ends the marriage and changes the family situation. However, it is often the best course for both spouses and can lead to better lives for everyone. The divorce process can be long and hard, so here’s what you need to know:
Divorce proceedings start with the appeal. It should be written by one spouse and served on the other. For this, you will need a lawyer. A Colorado Springs divorce attorney can help you with the legal actions.
The petition is submitted to the state court. The place of the marriage is not taken into account. The petition document contains the name of the wife and husband, along with the children, if there are any. It will also state whether the couple has communal or separate properties, along with plans for spousal support and child custody.
The process through which divorce papers are served on the other spouse is called the “service of process.” If both agree to the divorce and all the terms in the document, then the spouse served with the papers only needs to sign them. This will serve as an acknowledgment of receiving the service.
On the other hand, if the other spouse doesn’t agree or is hard to locate, then you may need a professional process server who can deliver the papers in person.
The completion of the service of the process starts the timeline of the waiting period in your state. During this time, restraining orders are automatically given to both spouses. The date of separation will also be set. Furthermore, neither spouse is allowed to sell any property or take any of the children outside the state.
Response to the petition
The spouse who was served the papers is called the “respondent.” The respondent can file a response stating his or her agreement to the divorce. However, this is not required. Submitting a response shows that both spouses agree to the divorce. As such, there will likely be no court hearing needed.
The respondent can also use his or her response to disagree with any of the information in the divorce. If no response is filed within thirty days, the petitioner spouse can request the court for a default ruling to get the process going.
During a divorce, both of the spouses are required to state their liabilities, assets, expenses, and income. An uncontested divorce means that both spouses agree to the divorce’s terms. If this is the case, then there is less paperwork involved.
The court then enters judgment about the divorce, after which the divorce is considered to be final. However, this does not yet mean that the marriage is dissolved. There is still a waiting period, during which both spouses cannot remarry. Also, court hearings might still occur if there are unresolved disputes. A trial will happen if both parties cannot agree.
The divorce process is already a painful thing to go through. Make sure to know each step of the process to be prepared for the proceedings.