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Finding the Right Legal Representation for Your Company
Filing For Divorce: Frequently Asked Questions
Tracy Roberts
If you are planning to file for divorce, you may have a long list of questions regarding this legal process and the inevitable changes it will cause in your life. Below you will find the answers to several of these questions.
What Is A Simplified Divorce?
A simplified divorce petition allows you to finalize your divorce faster by eliminating many of the steps involved in a traditional divorce, such as the need to prove grounds for divorce. In order to qualify for a simplified divorce, you and your spouse will need to meet all of the following requirements.
- Agree on need and reason for divorce
- Agree that you share no biological children
- Agree on the division of assets and debts
- Agree to appear in court together to finalize divorce
What Happens If You Can't Pay The Filing Fee?
Many people worry about their financial ability to pay the court costs associated with filing for divorce. If you do not have adequate income with which to pay these costs, you can apply for a hardship at the time your divorce petition is filed. You should be prepared to show proof of income when filing for hardship. If your application is approved, your petition will be filed without the need to pay any court costs.
Who Serves Your Spouse?
Before your divorce petition can go in front of a judge, a copy of this petition must be given to your spouse. While television shows and other forms of entertainment often depict spouses serving each other with divorce papers, the fact is that this is not the way real life works.
In order for your spouse to be legally served, the divorce petition must be delivered by another adult who is capable of swearing to the day, time, and location where the petition was delivered. In the event that your spouse denies they were served, this person may be called upon to testify in open court.
Do You Really Need A Lawyer?
Getting divorced is likely to be just as emotional, if not more so, than the day you got married. Consequently, it can often be difficult for people to make decisions based on their own best interest rather than emotion during the divorce process. For this reason, it is always best to hire a divorce lawyer even though the law does not require you to have one.
What Is The Difference Between A Divorce Lawyer And A Divorce Paralegal?
Divorce paralegals offer assistance in completing you divorce petition. However, these legal professionals do not have the right to practice law. Consequently, they will be unable to provide you with any legal advice or represent you in court. These are tasks that only a divorce lawyer will be able to complete.
To learn more, contact a professional like William K Holman with any questions you have.
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