Divorce is the formal termination of a civil marriage by the formal court order of a judge. When you get a divorce case in court, usually you will hear court personnel call it a matrimony action. The individual who begins the divorce is known as the plaintiff, and the person who ends it is known as the defendant. The divorce does not happen overnight, it takes months if not years for it to be finalized. There are various reasons that can lead to a divorce case.
One of the common reasons for getting a divorce case stopped is because one of the spouses has committed adultery. In this case, the court rules that the marriage was never valid to begin with. This means that it is no longer valid under the law. The couple may then apply to the court for a Temporary Restraining Order (TRO). The TRO is an order that tells the courts that they should not contact either spouse about the affair, and it orders the offending spouse to counseling, avoid contact with the victim, or stay away from children of the victim.
Another reason a divorce case may get stopped is because of custody and visitation rights. If a child has a primary custody arrangement and if he or she gets a good deal with his or her mother, the mother might get herself awarded sole custody. Then, if the mother moves out of state, the father will have to go to the new location to get custody of his or her child. He or she will be expected to pay child support, and may be ordered to provide the child with supervised visitation. A judge may also award separate custody.
The most common reason for a divorce is because one of the spouses is unable to stand up for himself or herself. For example, some people might claim that their partner is abusive, while others might say their partner has treated them badly. In these cases, the partners may file for a No-Fault divorce, arguing that the marriage is already over and that there are no grounds for divorce. However, the judge may not grant such a motion unless the spouses can prove that the other person committed a crime against them. These are grounds for a divorce, even if the partners are in the same situation as far as criminal responsibility is concerned, such as sexual assault or battery, or if one of them physically abuses another person.
In addition to this, some couples have a more complex custody and visitation structure than others. If either of the spouses moves out of state, they can file for a temporary order at the court of the county where they live. A temporary order gives the courts the opportunity to see what the marriage is like before making a final ruling. It can also show the courts that the spouses have sufficient property and income to support themselves and their children. The judge can also grant temporary orders that prevent the person from coming back to the house, forcing the spouse to move out of the residence temporarily.
Once the court’s grant temporary orders, they provide a starting point for the spouses to work on their separation amicable. Even if the petition is denied, both sides can still try to reach an agreement outside the courtroom. An attorney can represent the plaintiff and provide a divorce amicus brief. A social worker can help the plaintiff and the defendant to prepare financial reports, asset protection strategies, etc. The court may also provide alternative dispute resolution (ADR) services, such as selecting a neutral third party to mediate the divorce.