Family is not just an important thing, it’s everything. But what if the family that feels everything is now breaking? Being one of the important parts of society, family acts as an institution that takes care of its members.
However, family law cases constitute a large portion of court cases in the United States. As stated by the National Center for State Courts, millions of cases related to families or domestic relations are filed in the courts each year.
Although divorce rates have declined, the figure stands at about 673,989 in a recent year. Other family-related lawsuits are also common and include matters regarding custody, support, and paternity, as well as domestic violence. Also, the states deal with over 12 million cases related to child support.
If your spouse wants a divorce and you do not, engage in personal counseling as soon as possible to make peace with this new reality and forge a path to a brighter future. According to https://nsssb.com/, often, people who are devastated over the news their spouse wants a divorce end up happier after the divorce than the spouse who “pulled the trigger.”
The divorce process starts after you fill out the necessary paperwork at the appropriate courthouse, but where you go from there will depend on your location, the county you are in, and your personal needs. Should you forget these essential first steps, not only will this slow down your case, but it could also get you into procedural difficulties, which will cost you additional time.
Here is the outline that will give you an idea of the filing process and what to expect at each step.
What Type of Case Are You Filing?
Jurisdiction in a family court varies from one state to another, but basically, it deals with the issues of divorce or legal separation, child custody arrangements and parenting schedules, alimony payments, and child support payments.
It can also include issues relating to paternity establishment, adoptions, guardianship proceedings, and others, in addition to protection orders related to domestic violence cases.
For instance, in the case of a divorce filing in Santa Rosa family court, there are specific residency requirements that apply to both parties. One should be clear about where to file the divorce case, since filing in the incorrect court could cause the whole case to be dismissed, despite having an acceptable request.
The party who files for divorce is referred to as the petitioner. The other party, on the other hand, is the respondent.
If both parties agree to terms and decide to present the application together, they might be able to file jointly. This reduces the overall duration of the case significantly.
However, the other party is supposed to receive notification and respond within a stipulated number of days, which is generally between 20 and 30 days.
Gathering the Documents You Need
What you need depends on the case type, but most family court filings really need a basic cluster of paperwork that people bring in the first time. In general you’ll see things like
- Government-issued photo identification
- Marriage certificate, if it is for divorce or legal separation
- Children’s birth certificates, in any situation involving custody, support, or adoption
- Financial records including recent tax returns, pay stubs, and bank statements , for any case that involves support
- Any existing court orders connected to custody, support, or divorce, that are still active
- A death certificate if you are filing for guardianship of a minor where a parent has died
Many courts ask for a completed financial disclosure form even when both sides agree on the terms. That form is a sworn statement about income, expenses, assets, and liabilities.
An inaccurate disclosure becomes perjury in court. They treat missing details as a serious issue when they decide on support and how property should be divided.
Completing the Petition and Court Forms
Each family law proceeding commences with a petition, which involves a sworn document that states the purpose for the matter to come to court and the basis of your claim. The courts provide official forms from their clerk’s offices or websites, and they might even give assistance online to prepare the petition.
It is crucial to use the official forms only because failure to do so might lead to a delay or rejection of the process. It is essential to fill in all the boxes that are necessary, writing “N/A” for any box that might be irrelevant.
It is also crucial to read the instructions provided in the packet.
Filing With the Clerk and Paying Fees
Once your completed forms have been prepared along with other necessary documents, you should file them at the family court clerk’s office in the relevant county.
Filing fees may range between $75 and $450 depending upon the state and nature of the case.
In case you are not able to pay the fees, you can apply for a fee waiver on the grounds of your financial status.
An online filing facility is also available in many courts.
Serving the Other Party
By filing your petition, you start your case, although the other party is not notified at this stage. To formally notify them, you need a process server, who can be the sheriff, process server, or any other adult person except you, who is not part of the lawsuit.
Serving the documents is out of question for you since it is prohibited by the law; you should make sure that your server files the proof of service with the court.
When the respondent’s whereabouts are unknown, you can have substituted service or even service by publication if the court permits it.
Afterwards, the respondent gets a specific time period in which he or she has to answer your case; otherwise, you can request the court to make a default judgment.
What Happens After You File
After petition submission, service, and receipt of a response, a court schedules hearings. There is a typical initial hearing that takes place not more than a couple of weeks after the response has been submitted, even if the petitioner expected to have some more time.
The hearings may also be temporary orders hearings, during which the judge establishes interim measures concerning custody, financial support, and use of the family household by one of the spouses.
There is also an option of filing an agreement prior to going to court with a written settlement that is supposed to be approved by the judge. Usually, in such cases, the process goes without any contesting hearing.
The timeline of a divorce case may vary slightly between several months and up to a year in case of a dispute.
It is important to follow the requirements concerning deadlines in courts, submit all the necessary documents, and react to any notifications received from the court and opposing spouse in order not to lose the opportunity for further proceedings.
