What is the process for filing a fault based divorce?
There are a number of steps to the process of filing a fault based divorce:
- A spouse obtains legal counsel who prepares and files a complaint.
- The complaint and a summons are served to the other spouse.
- The spouse now has up to 21 days to respond to the complaint.
- Each spouse’s attorney will request documents, information and evidence regarding any issues involving the divorce.
- If the divorcing couple can reach a settlement all the necessary paperwork is drafted by their attorneys and submitted to the court for finalization.
- If the divorcing couple cannot reach an agreement, they will go to trial where each attorney will present evidence to support their argument. The judge will hear each side and issue an order which both parties must follow.
Of course, there are many other things that may or may not occur during your case. The above is a general idea of the major issues that can occur.