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What are Common Divorce Procedures?

Malcolm Tatum
Malcolm Tatum
Malcolm Tatum
Malcolm Tatum

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.

Legal counsel is necessary during divorce proceedings.
Legal counsel is necessary during divorce proceedings.

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.

A judge may rule that a couple who have unsettled child custody, tax or other issues need to resolve those disputes before the divorce is finalized.
A judge may rule that a couple who have unsettled child custody, tax or other issues need to resolve those disputes before the divorce is finalized.

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.

Courts typically prefer parents work out a shared custody arrangement.
Courts typically prefer parents work out a shared custody arrangement.

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.

Malcolm Tatum
Malcolm Tatum

After many years in the teleconferencing industry, Michael decided to embrace his passion for trivia, research, and writing by becoming a full-time freelance writer. Since then, he has contributed articles to a variety of print and online publications, including WiseGEEK, and his work has also appeared in poetry collections, devotional anthologies, and several newspapers. Malcolm’s other interests include collecting vinyl records, minor league baseball, and cycling.

Learn more...
Malcolm Tatum
Malcolm Tatum

After many years in the teleconferencing industry, Michael decided to embrace his passion for trivia, research, and writing by becoming a full-time freelance writer. Since then, he has contributed articles to a variety of print and online publications, including WiseGEEK, and his work has also appeared in poetry collections, devotional anthologies, and several newspapers. Malcolm’s other interests include collecting vinyl records, minor league baseball, and cycling.

Learn more...

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    • Legal counsel is necessary during divorce proceedings.
      By: Kurhan
      Legal counsel is necessary during divorce proceedings.
    • A judge may rule that a couple who have unsettled child custody, tax or other issues need to resolve those disputes before the divorce is finalized.
      By: DragonImages
      A judge may rule that a couple who have unsettled child custody, tax or other issues need to resolve those disputes before the divorce is finalized.
    • Courts typically prefer parents work out a shared custody arrangement.
      By: Rido
      Courts typically prefer parents work out a shared custody arrangement.