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Legal Issues Surrounding Divorce

by: Maui Reyes

There are two types of divorce: absolute and limited. Absolute, or �divorce a vinculo matu monii�, is the judicial termination of a marriage based on marital misconduct or other statutory causes after the wedding ceremony�such as adultery. After the divorce, both parties are deemed single again. Limited, or �divorce a mensa et thoro� is a separation decree, where the marriage is not fully terminated, and the couple still retain their civil status as married.

There are seven steps in having a divorce. While the process varies from couple to couple, depending on the situation of both parties, there are some essential procedures in filing for a divorce. One thing is certain, however: divorcing couples who are mature enough to agree on certain issues makes for a smoother divorce.

First, one party must file a petition for divorce. Even if both parties agree on a divorce, one must file the petition, which states the ground for divorce. There is such a thing as �no fault� grounds, which simply states that the relationship is no longer viable (such as �irreconcilable differences�). While many states allow this, some states still consider ground faults, such as adultery.

A temporary order is the next step. This is for claiming temporary financial support, child support, of custody. This is granted a few days after filing, and remains in effect until a formal court hearing. One should file for this ASAP.

A service of process is then required. This is to prove that the petition has reached the other party as well. A response is then needed from the other party. He or she must file a response to the petition, and is allowed to either dispute the grounds or defend himself or herself from them. Disagreements on custody or property division should also be filed with the response.

A negotiation for the division of property and custody comes next. The court usually lets the couple and their respective lawyers handle this, but if they cannot agree on anything, the court has to decide for them. Children are usually the responsibility of social workers, whom the court calls in to check on the living conditions of each spouse if it is fit for the children. A trial then ensues, to smooth out issues the couple couldn�t resolve by themselves.

Finally, an order of resolution is given, which ends the marriage and contains the division of property and debts. If the couple has negotiated these issues themselves, they can write their own order of resolution and submit it to court. If it meets the requirements, the judge approves it.

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Seven Sets of Documents You Need For Your Divorce
by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

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