What You Need to Know When Filing an Original Petition for a Divorce

Do you ever feel like an empty anchor and alone in your marriage? Does it feel like you’re going through an invisible divorce? These happen not because of your fault but because people tend to change and grow apart. So if you think that it’s time to let go, filing a divorce is the best course of action. Fortunately, The Eaton Law Firm is here to give you a helping hand with the entire divorce process. From filing the petition to the signing of the decree, these professionals will be here with you every step of the way. Let’s learn more here.

What Happens After the Filing for a Divorce

One of the two parties must file for an Original Petition for Divorce in court while paying a requisite court fee. After that, the court clerk will assign you a case number. Once done, the court must serve the Respondent or the other spouse with a legal notice stating that the Petitioner (you) filed for a petition. After that, the court will issue a temporary injunction with rules that each spouse must follow during the divorce process. Furthermore, there will be a period of discovery where each party with their attorneys will gather all necessary and crucial information and documentation needed for the proceedings.

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The Two Types of Divorce

There are two types of divorce; contested and uncontested divorce. An uncontested divorce is when both parties already agree on all the terms. On the other hand, a contested divorce is when one or both spouses don’t agree with the terms. If this happens, the judge will have to decide for them.

With an uncontested divorce, you won’t have to serve the other spouse with papers since you will be filing the petition in agreement. Moreover, it will end in mediation instead of going to trial. But if one of the spouses disagrees on something during the mediation, it will become a contested divorce and go to court.

Furthermore, one of the many factors where spouses will have something to disagree on is if they have shared properties and kids. When it comes to assets, this will be divided equally. However, some factors may affect it. Some examples are your age, how long your marriage is, and the kinds of assets divided. With children, the main priority of the court is their well-being. So there will be visitations, custody agreements, child support, and so on. That’s why it’s extremely necessary for you to get a divorce lawyer if you think that you need help with these factors.