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What Are Common Divorce Procedures?

Legal counsel is necessary during divorce proceedings.
Article Details
  • Written By: Malcolm Tatum
  • Edited By: Bronwyn Harris
  • Last Modified Date: 02 September 2014
  • Copyright Protected:
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    Conjecture Corporation
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While different jurisdictions structure divorce proceedings in various ways, there are a few components that seem to be present in just about any set of divorce procedures. In most cases, these procedures for divorce will seek to protect the interests of both parties in the action, as well as consider the interests of any children associated with the divorcing couple. It is not unusual for some jurisdictions to also require that the couple undergo some form of counseling before or after the divorce is granted.

One of the more common divorce procedures has to do with ensuring each party has access to legal counsel. The idea is to make sure that everyone involved with the action understands any laws that may apply to the divorce procedure, including how property is divided, child custody is awarded, and any other details that will impact the final outcome of the proceedings. This is particularly important in countries such as the United States, where state divorce procedures vary greatly, and what would apply in one state will not be a factor in another state.

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As part of the overall process, it is often a good idea to come to some sort of terms regarding the division of property before appearing before a court. If the couple can work with their legal counsel to come to an equitable and mutually agreeable division of the financial assets involved, the chances of obtaining the divorce swiftly and with a minimum of delays is greatly enhanced. If the couple is not able to come up with their own terms, it is not unusual for the court of jurisdiction to invoke divorce court procedures that allow a judge to make decisions on how the assets will be divided. All too often, the division of property ordered by a judge may or may not be to the liking of the two people seeking to end their marriage.

Child custody is another of the more common elements of divorce procedures. For the most part, courts prefer for parents to work out equitable terms that allow the parents to share custody, provide equitable visitation rights for the non-custodial parent, and arrange adequate financial support for the custodial parent. When the couple can arrange these factors to their mutual agreement with the aid of legal counsel, there is a good chance the court will honor the requests, and grant the custody arrangement as part of the divorce decree.

It is important to note that many courts around the world now require that couples seek therapy as part of the divorce procedures. This is considered especially important when children are involved. The idea is to help each adult begin the transition to single life, without carrying a lot of excess baggage from the failed marriage. This measure can also help the parents conduct themselves in a fashion that makes the transition easier for the children, allowing everyone to maintain a relationship that is respectful of all parties, even when there may be a great deal of negative emotions involved.

When considering a divorce, it is imperative to engage competent legal counsel. Because divorce procedures vary so widely from one area to another, knowing exactly what must be addressed and arranged before appearing in front of a judge is essential. By understanding the procedures in divorce that apply, the chances of obtaining the legal dissolution of the marriage as quickly as possible are greatly increased.

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