When you’ve decided to end your marriage, the divorce process can seem daunting—even under the most amicable of splits.
That’s why we’ve broken it down to give you an idea of what to expect from the divorce process. Everyone’s divorce is different. Some last as little as two or three months; others can take a year or more to finalize. What happens in your case will depend your personal situation. But we can tell you the basic steps.
Step #1: Meet with an attorney
This step is optional, though recommended, since it can be hard to navigate the divorce process without an attorney. Here, you talk with your attorney about your situation, what your goals are for your divorce, and give him or her any information you’ve gathered about your marital assets.
Step #2: File Complaint
A “complaint” formally starts the divorce process. It lets the court (and your spouse) know that you want a divorce. When the complaint is filed with the court, you and your spouse will be prohibited from doing what’s called “depleting marital assets.” (This is because you’ll soon be dividing your assets.) Of course, you can continue to pay rent cheap jerseys and buy normal purchases, but you are prohibited from buying, for example, an expensive new car or boat.
The complaint is also “served,” or given to your spouse to notify them of the divorce. Your spouse is given 20 days to respond by filing with the court. If not, he or wholesale jersey China she forfeits the right to argue the terms of the divorce.
After the filing of the complaint, you and your spouse will have 45 days to disclose all assets to each other. (This doesn’t mean that all of these assets will be divided, just that you have to let the other spouse know they exist.) An attorney can help you identify and put a value on all of your assets.
Step #3: Scheduling Hearing
The court will set a Scheduling Hearing. During this hearing, the determines how long your case will likely take. Then, the judge sets a court date, usually for two to three months later. However, if both sides have already given a disclosure of all assets, the date might be earlier.
Step #4: Exchange of information
During this phase, each spouse’s attorney is allowed to request information from the other spouse about assets and debts. This is done to make sure that property is divided fairly.
Step #5: Set terms of divorce
Once the exchange of information is complete, your attorney and your spouse’s attorney can begin to discuss divorce terms: property division, child custody, etc. If you and your spouse are unable to reach an this way, you can choose to have a Settlement Conference. At a Settlement Conference, a mediator works to help the two of you phentermine come to an agreement. (Note that Settlement Conferences are provided free of charge by the court.) If you do agree on the terms of your divorce during a Settlement Conference, the agreement can be formally drawn up. If, after 10 days, no one objects to the agreement, the judge will sign your Divorce Decree, making your divorce final .
If an agreement cannot be reached during a Settlement Conference, you and your attorney proceed to trial. Your attorney submits information to the judge on your behalf. The judge reviews all the facts and information before the trial begins. At trial, you and your spouse can each present information and call witnesses to support your position. At the end of the trial, the judge makes the final determination of the terms of your divorce. Then, the judge issues a Divorce Decree ending the divorce process.
Step #6: Divorce Decree
The divorce process is legally ended when you are issued a Divorce Decree signed by a judge.
Hi Mr. Valdez
I don’t know if you answer Alaska divorce questions, but I have one I’d like to ask, if you please. Is it possible in the State of Alaska to finalize a divorce before the community property, assets & debts, child custody/support, and the like is resolved? Is there a form or can a document be generated which states that the party requesting the finalization agrees to settle the marital property, etc.? I appreciate anything you can do to answer me. Thank you in advance for anything you can do to assist me.
Elise