Choosing to end your marriage is never an easy choice, and there are many factors involved in the process that can be difficult to understand. Filing the divorce decree is one such step, and you may not be sure how to proceed. However, contacting a lawyer to ask a few questions about how to file, along with some other common queries, may help to put your mind at ease.
- What Is a Divorce Decree?
When you file a divorce decree, you are informing the court of your intent to end the marriage and name any other parties involved, including your spouse and any minor children you had together. The decree is a legal document that may also include your desires concerning the division of property, including your home, vehicles and other valuables.
- What Happens Once I File?
Once you submit a divorce decree, you may have to enter mediation with your spouse and lawyer, depending on your state of residence. This process allows you to both discuss all the points of the decree and understand where you might have different views or desires, such as with child custody. Your lawyer can help you arrange mediation if it is required.
- What if My Spouse Refuses the Decree?
It is important to understand that while you may file a divorce decree at any time, your spouse may not agree with its contents. If mediation fails to create any kind of resolution, the divorce case will likely go to trial. If the decree is settled there and the judge grants it, then both you and your spouse must abide by its terms or face contempt of court. Once the decree is agreed upon by both parties, you can consider yourself legally divorced and may proceed with changing your name and filing papers to receive a new driver’s license and social security card.
- Can My Spouse Appeal?
If your spouse disagrees with any portion of the divorce decree, he or she may be able to take the case to a higher court. For example, if the division of real estate is in question or your spouse believes a family business is not being divided fairly, a higher court may agree to hear the complaint. While not all appeals are overturned, you and your lawyer may want to prepare for this possibility, especially if it involves your children.
Creating and filing a divorce decree can be a puzzling process, but there is help available. To learn more about divorce and the processes, contact a family lawyer, like a coronavirus uncontested divorce lawyer, in Tampa, FL, today.
Thank you to the experts at The Mckinney Law Group for their input into coronavirus, uncontested divorce, and the law.