Thursday, September 14, 2006

#4 The Divorce Process: Do's ,Don'ts and a few of the steps.

Do you need help now? Call 810 235-1970 !

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. Following are some "do's and don'ts" for the divorce process.
THE DO's
DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases.
DO support your children through this process. It's even tougher on them than on you. Don't make them pick sides.
DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements.
DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.
DO ask your attorney if anything doesn't make sense. Your attorney works for you, and should help you understand every part of the divorce process.
THE DON'Ts
DON'T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized.
DON'T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.
DON'T "give away" property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.
DON'T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.
DON’T make wedding plans with your new significant other until your divorce is finalized.
A FEW OF THE ISSUES.
180 day residency in Michigan required of one of the parties.
Friend of the Court becomes involved if there are children or spousal support is requested.
Allegations In a divorce proceeding the only allegation of the grounds for divorce the statute permits is the no-fault grounds, i.e. " there ha been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likely hood that the marriage can be preserved.
Child Custody proceedings are often part of a divorce action but they may be initiated independent of a divorce proceedings. A married parent may independently commence an action for child support as long as there is no divorce or separate maintenance proceedings.
OTHER PARTIES Generally it is beyond the jurisdiction of the divorce court to adjudicate third- party rights regarding property. An example is a car loan with both names on it. One may be ordered to pay it in the divorce but both can be sued by the lien holder.
Filing and Serving the Divorce/Dissolution Petition
The divorce complaint is a legal document that is filed in court by a spouse who seeks a divorce. This complaint informs the court of the filing spouse's (called the "petitioner") desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun.
Contents of the Divorce/Dissolution Petition: Information and Requests
A complaint typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identification of children of the marriage;
Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;
Grounds for divorce;
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
A divorce complaint should be as neutral a document as possible. Inflammatory language can
open up wounds that will never heal.

Do you need help now? Call 810 235-1970 !

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

1 comment:

Anonymous said...

What if the defendant was never "served" with the divorce/dissolution paperwork? Is there a time limit for the papers to "served" to the defendant?