Divorce Filing

Anyone can file. Almost anyone who remains steadfast in their demand for divorce will receive an order of dissolution from the court. However, the mechanics of court proceedings should follow a careful review of legal rights, responsibilities and costs. Courts tend to prefer a passive role in all proceedings and to allow attorneys to workout difference according to the rules of civil procedure. In the event one or both adversaries violate court rules, judges tend to respond harshly.

Note when filing:

The availability of the dissolution of marriage, property distributions, and child support requirements are unique to each state because of variations in divorce decisions rendered by courts. As new cases are decided, new precedents establish variations in application. For this reason, everyone considering filing should consult local legal counsel. Best results are obtained through careful planning with legal counsel before committing to any course of action. Also be aware that filing creates a permanent public record. These records are rarely withdrawn, expunged or deleted absent extraordinary circumstances. Public records are available to anyone who inquires for a nominal fee.

A primary consideration driving the development of new laws revolves around children of the marriage. Children are typically not represented by attorneys in proceedings, yet are considered, as a matter of judicial and public policy, to have an overriding interest in the outcome. The needs of children financially, socially, parentally and educationally are considered the joint responsibility of parents. Courts are charged with responsibility to protect all interests of children in family court despite agreed requests of parents which may be inconsistent.