Consequences Of Divorce
Divorce can be a difficult time for a family. Not only are the parents realizing new ways of relating to each other, but they are learning new ways to parent their children. When parents’ divorce, the effects of divorce on children can vary. Some children react to divorce in a natural and understanding way, while other children may struggle with the transition.
Children are resilient and with assistance the divorce transition can be experienced as an adjustment rather than a crisis. Since the children in a divorce vary (different temperaments, different ages), the effects of divorce on children vary too.
Poor Performance in Academics
Divorce is difficult for all members of the family. For children, trying to understand the changing dynamics of the family may leave them distracted and confused. This interruption in their daily focus can mean one of the effects of divorce on children would be seen in their academic performance. The more distracted children are, the more likely they are to not be able to focus on their school work.
Loss of Interest in Social Activity
Research has suggested divorce can affect children socially, as well. Children whose family is going through divorce may have a harder time relating to others, and tend to have less social contacts. Sometimes children feel insecure and wonder if their family is the only family that has gotten divorced.
Difficulty Adapting to Change
Through divorce, children can be affected by having to learn to adapt to change more often and more frequently.
New family dynamics, new house or living situation, schools, friends, and more, may all have an effect.
Divorce can bring several types of emotions to the forefront for a family, and the children involved are no different. Feelings of loss, anger, confusion, anxiety, and many others, all may come from this transition.
Divorce can leave children feeling overwhelmed and emotionally sensitive. Children need an outlet for their emotions – someone to talk to, someone who will listen, etc. children may feel effects of divorce through how they process their emotions.
In some cases, where children feel overwhelmed and do not know how to respond to the affects they feel during divorce, they may become angry or irritable. Their anger may be directed at a wide range of perceived causes.
Children processing divorce may display anger at their parents, themselves, their friends, and others. While for many children this anger dissipates after several weeks, if it persists, it is important to be aware that this may be a lingering effect of the divorce on children.
Feelings of Guilt
Children often wonder why a divorce is happening in their family. They will look for reasons, wondering if their parents no longer love each other, or if they have done something wrong. These feelings of guilt are a very common effect of divorce on children, but also one which can lead to many other issues. Guilt increases pressure, can lead to depression, stress, and other health problems. Providing context and counseling for a child to understand their role in a divorce can help reduce these feelings of guilt.
Introduction of Destructive Behavior
While children go through a divorce, unresolved conflict may lead to future unexpected risks. Research has shown children who have experienced divorce in the previous 20 years were more likely to participate in crimes, rebelling through destructive behavior which harms a child’s health, with more children reporting they have acquired smoking habits, or prescription drug use.
Increase in Health Problems
The process of divorce and its effects on children can be a stressful. Dealing with these issues can take its toll, including physical problems. Children who have experienced divorce have a higher perceptibility to sickness, which can stem from many factors, including their difficulty going to sleep. Also, signs of depression can appear, exacerbating these feelings of loss of well-being, and deteriorating health signs.
Loss of Faith in Marriage and Family Unit
Finally, despite hoping to have stable relationships themselves when they grow up, research has also shown children who have experienced divorce are more likely to divorce when in their own relationships. Some research indicates this propensity to divorce may be two to three times as high as children who come from non-divorced families. Yet, while these are some of the possible effects of divorce on children, they are by no means absolutes, or written in stone. More and more, families understand just how stressful divorce is for their children, as well as their selves. Families have begun to turn to supportive services seeking help to find a peaceful way to divorce.
Filing the Divorce Petition
Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information:
• a statement which informs the court that at least one spouse meets the state’s residency requirements for divorce
• a legal reason—or grounds—for the divorce, and
• any other statutory information that your state requires.
Residency requirements vary depending on where you live. States usually require at least one spouse to live in the state anywhere from 3 months to 12 months, and in the county where the spouse files at least 10 days to 6 months before filing the petition. Divorcing spouses must meet the state’s residency requirement before the court can accept the case. Grounds for divorce vary from state-to-state. However, all states offer divorcing couples the option to file a no-fault divorce. No-fault divorce is a streamlined process that allows spouses to file a divorce petition without listing a specific reason or placing blame on either spouse. If your spouse committed marital misconduct or caused the breakup, some states allow parties to claim “fault” for the divorce, like adultery or neglect. If you’re unsure whether you should file a no-fault or fault divorce, contact an experienced family law attorney in Ascent Law Firm, Utah for guidance.
Asking for Temporary Orders
Courts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support.
If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce.
Other temporary orders may include a request for status quo payments or temporary property restraining orders.
Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support.
Serve Your Spouse and Wait for a Response
Service: The filing spouse’s responsibility
After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case.
Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office.
Response: The receiving spouse’s responsibility
The party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues.
Negotiate a Settlement
In cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples.
Sometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible.
Finalizing the Judgment
Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment.
However, if the couple went through a divorce trial, the judge will issue the final order.
Legal Requirements to Divorce
You first need to consider where to file for divorce. Typically, this is the county and state where one or both of you live. First, determine if you meet the state’s residency requirements. If you or your spouse are in the military, you may file where currently stationed. However, there are rules to protect active duty service members from civil lawsuits.
Serving Divorce Papers
Once you’ve filed your divorce papers at court, you have to “serve” them on your spouse. Generally, this means another adult must physically give the papers to your spouse. You can use professional servers or save money by having a friend serve the papers for you. If domestic violence is involved, the police in some counties will serve the papers, without charging the usual fee.
Answering a Divorce Petition
Maybe your spouse just served you with dissolution papers. You still have the opportunity to tell the court what you do and don’t want in the divorce. Take care to “answer” within the deadline set by state law. In responding, you can fill out the court forms yourself, at a legal clinic, or with the help of an experienced divorce lawyer.
If there are disagreements about what to do with children or property, considering hiring an attorney.
Mediation and Settling a Divorce Case
Many divorces settle with an agreement both parties can live with. Many states require mediation to help reach a property settlement and a parenting plan everyone can follow. Even without a formal program, you and your spouse can use a “collaborative” divorce process from the beginning or can use an “alternative dispute resolution” specialist to help you settle your divorce.
Trial and Appeals
If your case goes to trial, you’ll need to present evidence, possibly including testimony from witnesses, so the judge can decide a property settlement for you. It will be easier if you’re represented by an attorney at trial. It’s also possible you want to appeal or modify a divorce judgment. This section provides articles on these topics as well.
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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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