A divorce attorney San Jose is imperative in divorce proceedings. This process is usually linked inexorably in the public imagination with bitter court battles over ownership of the house, custody of the children and alimony payments. However, despite this image’s pervasiveness of this picture, it is largely untrue for modern divorces. While many contested divorces could end in rancorous court battles, this form of divorce makes up only five percent (5%) of recent divorces. Uncontested settlements where the couples come to an agreement without the courts – make up the other ninety-five percent (95%).
If you are considering terminating your marriage, it can be beneficial to understand what separates contested divorces and uncontested ones. The differences between the two and realities faced when you file for divorce.
A divorce where the courts never have to get involved because the spouses agree about:
• Division of property
• Child custody arrangements
• The price to be paid for child support
• The amount to be paid for spousal support (alimony)
The divorcing couple then presents the agreement to a jurist. If the judge is confident that, the arrangements are equitable and fair, and have been agreed and signed without duress, the divorce is finalized. While lawyers technically are not necessary, it may be a good idea if both spouses are represented by attorneys, who ensure that everything is done legally and in the parties’ best interests.
This is a divorce where the spouses are unable to agree on their own and need the courts to intervene to reach a decision. These divorces can be difficult as compared to uncontested divorces: especially if it is hard to work out an agreement with your soon-to-be ex-spouse since it is even harder to battle them in court.
If it proves impossible to work out your differences with your spouse, then you should expect to go through court battles that go along with a contested divorce. It is a good idea to engage the services of a qualified divorce attorney San Jose, as the process may get acrimonious.
Because divorce is a legal procedure, several documents may need to be filed and accounted for before your divorce is finalized. As a group, these papers will establish the terms of your divorce and can play a significant role in determining your life after your divorce. Because of the incredible way, these documents could affect you as a person and your life following your divorce; it may be a good idea to be intimately familiar with them.
In addition to being familiar with the divorce documents, you will have to face in the next few months; it can help you to discuss your case with an attorney. Even though your divorce is an amicable one, a qualified and experienced divorce lawyer can help represent you in court and ensure that you get as beneficial and arrangement as possible.
The number and detail of the documents you will have to fill out to end your divorce can vary widely from jurisdiction to jurisdiction. However, most areas of the United States require some combination of the following:
• Petition for Divorce or Dissolution of Marriage: The name of this document can vary from state to state, but the basic premise is the same. The Petition will initiate the divorce proceedings, and announces your intent to end your marriage on an official capacity. The Petition for Dissolution of Marriage shows that you are seeking a legal divorce rather than a separation.
• Final Judgment of Dissolution of Marriage: This document finalizes the divorce procedure and officially dissolves the marriage. This proceeding completes the divorce and includes provisions for the custody of any children, spousal and child support payments, division of property, and division of any debts. This document terminates your marriage.
• Some other formal documents will be handled during the divorce process: Some of these include Preliminary Declaration of Disclosure, Income and Expense Statements, Marital Settlement Agreement, and several different types of waiver forms. If you had a shorter marriage, you might be able to file for a simpler Declaration for Default or Uncontested Dissolution of Marriage.