When the Legal System Enters the Divorce Application Process

While there are certain things an individual can do concerning the divorce application, there is a point when there is a need for the legal system to enter the picture. There is no difference in that respect between hiring a divorce lawyer and filing your divorce application using a do-it-yourself kit. While your lawyer will represent you in court, it is necessary for the court to hear the case, and they will use the legal system in order to ascertain whether you have a case for divorce if you are not filing under no-fault provisions.

The divorce application is the initial step in the divorce process, and you might also say it is part of the legal system as well since it must be filed with the court along with the actual divorce petition. Even the services of the divorce lawyer are part of the legal system although more indirectly than directly since you are not directly involved with the court until your lawyer actual files your petition of divorce with the court. However, he or she must follow the laws that are defined by the court and the state and county of jurisdiction.

It’s also important to remember the legal system determines the reasons you can obtain a divorce as well as setting any residency requirements. Not every state is the same, so you must be aware of the regulations of your own state. There is one misconception that some people have: they believe you must file for divorce in the state and county in which the marriage took place. While there may be residency requirements, the petitioner can file for divorce in the state and county where he or she lives. Some state statues do allow couples to file petitions in the jurisdiction or either party to the divorce, but in most cases it is the jurisdiction of the person filing for divorce.

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What are the responsibilities and obligations of the legal system after they receive a divorce application and petition? Some of the things that fall under the jurisdiction of the legal system include but are not limited to the following:

Setting precedents for divorce (reasons for divorce, residency requirements, requirements that relate to separation, provisions of ancillaries, etc.)
Receiving and scheduling divorce applications and petitions
Hearing cases involving divorce and determining whether the reasons meet state requirements if other than no-fault
Setting temporary orders for spousal support, child support, custody and visitation
Scheduling court dates for final determination of ancillaries
Signing, filing and mailing final divorce documents

There may be other steps of divorce that are involved, especially when the case at hand involves a bitter and unfriendly divorce. However, for the most part these steps are the biggest portion of the legal system’s direct involvement in divorce cases and divorce laws. Some involves the judge while other involve the court staff, but the end result is the same: the court determines if it is going to approve the divorce, signs off on it and mails the final documents either to the divorcing couple or their prospective divorce lawyers.

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