Are you planning to get a divorce but completely unfamiliar with what the process will be like? Here is more information about three steps of the divorce process.
Temporary Orders
The temporary orders of divorce are essentially the rules that you and your spouse will use while the divorce process is underway. This can include who will be living in the home, who is paying for the bills, how you will handle scheduling with kids, and even if there will be support payments made for a spouse. These rules stay in place until the divorce is finalized.
Discovery
The discovery portion of the divorce proceedings is when each spouse discloses information about assets, finances, and things of that nature. The formal discovery process is done by having each lawyer submit requests to your spouse for specific information, and informal discovery is when each spouse willingly provides the information. Informal discovery is used during collaborative divorces when both spouses want to work with each other.
Property Division
You can expect your property to be divided in a manner that is fair and equitable for both spouses according to the law. You will want to go through mediation to divide up your shared property as much as possible, and disputed property will be decided by a judge. Make sure that you are of what your state considered community property since it must be divided during a divorce. For example, even if a car has been used exclusively by you during the marriage, if it was bought during the marriage, it will be considered community property during the divorce and need to be divided.
However, the property that you had before the marriage and brought into it would be considered your own. You may have to prove to a judge how that property was yours so that it will not need to be divided. If you had a bank account or retirement accounts, you'll be able to claim what you brought to the marriage before you merged your finances. In the case of retirement accounts, you could hold onto investments that were made prior to you being married.
Have more questions about the divorce process? Make sure that you meet with a local divorce lawyer for their assistance. They'll be able to guide you through each step of the divorce process, make sure things are being done correctly, and give you legal advice when necessary.
Share