Added: 01/13/2006 |
Divorce decreeIf you and your spouse agree on everything and put it in writing, you have an uncontested divorce; there is literally no contest. At an uncontested hearing the Court requires the plaintiff, as many times both parties, to appear and briefly and informally establish through a minimum of testimony the grounds for divorce, as well as the parties understanding, willingness and acceptance of the terms of the settlement agreement. Thus, if the parties are able to reach a settlement on all the issues, they can be divorced in as short a time, as it takes to file the Complaint and go to the Courthouse. There are some counties, which will permit a "divorce by appointment", where the Family Court Judge will accept the initial pleadings, filing fees and hear the final uncontested case all at the same time.
If there is any issue on which you disagree, you have a contested divorce. It centers around one of the same five issues mentioned above. These are the same issues which must be dealt with in a final settlement, but because of delay become a real part of the interim process. At any time after the filing of the Complaint for Divorce or Answer and Counterclaim for Divorce, each party is required to file a statement disclosing all income, benefits of employment, budget, assets, debts and other pertinent information relevant to the divorce process. This statement is known as a "Case Information Statement". It is required.
Another form of discovery is known as a "Notice to Produce Documents", which requires a party to produce the original documents, relating to financial and equitable distribution matters. Lastly, where clarification is necessary or when a party is suspected of hiding assets or income, a party may depose another party. A Deposition is a procedure where a party is subpoenaed to the opposing party's attorney's office and is often asked to bring certain documents and records. Counsel for the party requesting the Deposition may ask any question, which may lead to relevant evidence, and the party deposed must answer those questions under oath. The questions and answers are recorded by a stenographer and may be used at a later time in Court for the purposes introducing inconsistent statements, which may impeach the credibility of a party, or to establish a fact or facts.
Two more types of divorce are fault and no fault divorces. Fault divorce may be granted when the proper grounds for divorce are present and at least one spouse files for it. The traditional fault grounds are:
Why choose a fault divorce? Some people don't want to wait out the period of separation required by their state's law for a no fault divorce. And in some states, a spouse, who proves the other's fault, may receive a greater share of the marital property or more alimony. No fault divorce describes any divorce, where the spouse suing for divorce does not have to prove that the other spouse did something wrong. Only 15 states offer no fault divorce. This means that a no fault divorce is the only option, even when there has been substantial wrongdoing. The other states allow a spouse to select either a no fault divorce or a fault divorce.
If you don't like the judge's decisions, you will either learn to live with them, or you can appeal to a higher court, but few people ever utilize the appeal process. Appeals are difficult to win. Even if you are one of the few who wins on appeal, all you get most of the time is a new trial. The only way for you and your spouse to be sure that your divorce meets your needs is to negotiate the resolution yourselves.
When marriage is dissolved, this fact is stated in divorce records. Divorce records verify that a divorce has been filed or finalized. Divorce records and divorce decrees are archived in vital records repositories. If you want to obtain a copy of the divorce decree or ask for divorce records, you should write or go to the vital statistics office in the state or area where the event occurred.
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