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This is a selection made from among articles on Free Online Divorce Papers. For a permanent link to this article, or to bookmark it for future reading, click here.

Legal Issues Surrounding Divorce

from: Maui




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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Kilday Hart: Divorce forms divide two groups of Texas lawyers - Houston Chronicle


Kilday Hart: Divorce forms divide two groups of Texas lawyers
Houston Chronicle
Their response begs the question: Are they fearful that if the Texas Supreme Court blesses a set of documents to use to secure a divorce, the demand for family law attorneys will decline? Common sense tells us that if your product appears free on the ...

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Going Through A Divorce Without Going Crazy - Huffington Post (blog)


Going Through A Divorce Without Going Crazy
Huffington Post (blog)
While most divorcing spouses have completed homework assignments, loan applications and tax returns, they are often unprepared for the flood of emotions which may arise during the completion of financial forms required for their divorce case.

and more »

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Expert Advice on the Best Ways to Secure Financial Aid - New York Times (blog)


New York Times (blog)

Expert Advice on the Best Ways to Secure Financial Aid
New York Times (blog)
Remember, that first “F” stands for “free.” In addition, legions of consultants and financial advisers help fill out forms and find free money – for a price. Some are reputable; you can check references. And yes, some will help you invest money and ...

and more »

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DivorceDocuments.Com Releases Free Divorce Forms For New York State - The Open Press (press release)


DivorceDocuments.Com Releases Free Divorce Forms For New York State
The Open Press (press release)
New York (OPENPRESS) January 20, 2012 - Divorce Documents, a New York State corporation released free PDF New York divorce forms after many requests from NY residents. If you are planning to file for divorce in New York, it is important for you to ...

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Texas Supreme Court may make getting a divorce as easy as filling out a form - Daily Caller


Daily Caller

Texas Supreme Court may make getting a divorce as easy as filling out a form
Daily Caller
Now, the task force has created divorce forms that, once approved by the Supreme Court, would be accepted in any Texas court. Some lawyers who practice family law argue that the legal system is too complicated to be handled with just a form.

and more »

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