So, you and your spouse have decided to divorce. What are the legal steps needed?
First, you will need to gather the information necessary for preparation of the official court documents.
For the Complaint for Divorce, you will need the names and dates of birth of your children and the address where they have resided for the past six months. You also need the date you and your spouse where married and where, the date you and your spouse were separated, where you each were born and birth dates, and where you each presently reside.
For an uncontested divorce, the Complaint can be filed on the grounds of irreconcilable differences. This avoids having to allege other grounds, such as inappropriate marital conduct, or adultery.
The Complaint will need to be filed with the Court, and you will have to wait sixty days for a hearing on the uncontested docket if you have no minor children born of the marriage, or ninety days if you have minor children born of the marriage.
You and your spouse will also need to execute a Marital Dissolution Agreement. This document will divide your assets and debts, including real and personal property. It may also contain terms regarding any alimony to be paid, life insurance obligations, and agreement to refinance or sale real property. Once the final document is executed by you both, it will be filed with the Court.
If you have minor children born of the marriage, then you and your spouse will need to enter into a Permanent Parenting Plan. This document provides for parenting time by each parent, child support, and health insurance for the minor children.
Once the documents are completed, and the appropriate time-period has expired, then your case can be set on the uncontested docket for a hearing before the Judge. If the Judge approves the Marital Dissolution Agreement and the Permanent Parenting Plan, and the divorce, then a Final Decree of Divorce will be signed by the Judge. You will then need to wait at least thirty days after the entry of the Final Decree of Divorce in order to marry anyone else.
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[This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.]