It is not required by law to have a lawyer represent your divorce case, however, it is highly encouraged that you do not stand alone. If you don’t hire a lawyer, you will still have to abide by rules and procedures as if you are receiving legal guidance. That means you will have to learn the process of divorce without assistance. Without proper legal representation, it can be easy to get taken advantage of (especially during the divorce settlement). A lawyer will have your best of interest in mind at all times.
What is a crucial mistake people make from the start?
An easy mistake that many people commit when they don’t have legal guidance is not turning in their paperwork on time and failing to fill out the sections completely and accurately. All it takes is one error for the divorce to become delayed and for issues to arise. Divorce cases often entail issues such as child custody, division of debts and property, financial support, parenting time, and more.
To avoid committing major pitfalls in your divorce, it is advised that you talk with a lawyer who is familiar with divorce cases. It can add salt to the wound to realize after the fact that your spouse had taken advantage of you and that you had given more than what was deserved.
When does a divorce officially begin?
As soon as one spouse files a petition for divorce, the process of divorce has begun. What happens after the petition is filed is that the other spouse is sent a notice of the divorce request and has a specific period of time to send a response, if any. The divorce will either be contested or not contested, depending on if the two spouses will be working amicably together or not.
What is listed on the divorce petition?
The divorce petition is an official legal document that asks the court to end your marriage and to issue orders necessary to handle debts, property, and financial support. If you have pets together or children that are under the adult age, you will have to negotiate terms for their care. Other paperwork that may be filed when starting a divorce case include:
- Summons: a document that informs the non-filing spouse about the divorce case and actions that are to be taken on their behalf if they want a say in court.
- Preliminary Injunction: a court order that takes effect automatically when a petition is filed, and prevents each spouse from doing certain actions regarding their money, property, insurance, and children until the court can attend to issues of the divorce or approve written agreements.
- Creditor Notice: by law, when a divorce is filed, both spouses are to get a notice informing them of their responsibilities and rights related to debts that were acquired during the marriage.
If you are in need of help during a divorce, consider talking with a divorce lawyer, such as from The McKinney Law Group, for more information about their legal services.