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Divorce petitioners must find a way to forge an agreement with their spouse when filing for divorce. If they cannot reach an agreement, they may need to attend a divorce trial. In a divorce trial, the judge makes all the decisions for the couple, and all decisions are final.
What Are the Divorce Grounds?
Divorce grounds define whether the case is fault-based or no-fault. The petitioner doesn’t have to identify a fault just to get a divorce, and more divorces could proceed more smoothly if it is no-fault. If they decide to use any fault-based divorce grounds, the petitioner must provide evidentiary support for their allegations. The defendant must answer the divorce summons and agree to the divorce agreement to get an uncontested divorce.
Did the Couple Have a Prenuptial Agreement?
A prenuptial agreement defines terms according to how the marriage ends. The terms of the agreement may provide a financial settlement for a spouse or define the terms of child custody or other arrangements. A spouse may also get alimony according to the terms of the agreement. When getting a divorce, the petitioner must give their attorney a copy of the prenuptial agreement and create the divorce agreement based on the terms agreed upon in the prenuptial agreement.
Domestic Violence and Protection Orders
Domestic violence in a marriage could give the victim legal rights to protection. They must file a report with local law enforcement against their spouse before the court can intervene. With a police report, the court will provide a protection order to prevent the aggressor from visiting the victim. If the aggressor violates the order, they will be arrested and face criminal charges for each violation of the protection order. The court can extend the protection order after the divorce if the victim is still in danger.
The Parenting Plan and Custody Arrangement
The parenting plan and child custody arrangement define where the child lives and what party has control over the child. If the couple agrees to joint custody, they both make decisions about the child. One of the parents has the child the majority of the time, and the other has visitation rights.
The noncustodial parent will pay child support each month according to the total income of each parent. The couple sets up additional parenting plans for holidays, birthdays, and the child’s summer and fall vacations. Parents that can create their own parenting plan can make adjustments according to their needs. If they live close to each other, they could divide their time with the child more evenly.
Divorce petitioners must arrive at an agreement with their spouse about marital property division, child custody, debts, and how they file their taxes. If they cannot reach an agreement, they will have to attend a divorce trial and child custody hearing. Mediation could be an option if the couple is willing to discuss their differences and find a way to create an agreement out of court. Petitioners can learn more about these matters by contacting an attorney right now.
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