In order to commence a divorce, one of the spouses needs to file a Summons and Petition with the Clerk of Courts office. The papers need to be served on the other spouse. After the documents are served, the parties can be divorced 120 days from the date of service. If the parties can agree on all of the issues, they can enter into a written Marital Settlement Agreement and present it to the court for acceptance. While the divorce is pending, the parties can request a Temporary Hearing be held in order to obtain an Order regarding the rights and responsibilities the parties will have during the divorce process. The court has to decide a number of issues in a divorce including but not limited to, legal custody, which includes decision making for the children, physical placement of the children, child support, maintenance, which is a form of support from one spouse to the other spouse, property and debt division, and the allocation of the tax dependency exemptions for the children. Although there are exceptions to every rule, generally it is presumed that all of the parties’ property will be divided equally in a divorce. Inheritances and gifts that are kept in the name of one party may be returned to that party by the court.

A guardian ad litem is an attorney appointed by the court to represent the best interest of the minor children. The divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. The guardian ad litem’s only job is to represent the minor children’s best interests.

During this difficult time in your life, Martinson Law Offices is available to assist you through the divorce process.