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While no one plans to get a divorce, in some cases, it is the best option for everyone involved. Although divorce laws vary from state-to-state, the proceedings often follow the same template. Below, divorce attorney Stephanie Payne from Payne Law Office in Lincoln, NE, describes the sequence of events that constitute the filing process. 

An Overview of the Divorce Process

The Petition

family law officeEven when both spouses agree to a divorce, one spouse must file a petition with the court stating the grounds. Once filed, the petition must be served on the other spouse. If the divorce is uncontested, the other spouse need only sign an acknowledgment that they received it. If the spouse cannot be served personally, a professional process server may be used to deliver the papers.   

Petition Response

A divorce is a type of lawsuit. As with any suit, a response must be provided within a specific period. If you are the recipient of a divorce petition and fail to respond before the deadline, the court may enter a default judgment. This allows the filing spouse to seek relief without opposition.

Counter-Petition

Once the original petition is received, the recipient must file a counter-petition acknowledging receipt. In this document, the recipient states whether or not they agree to the relief sought by the filing spouse and responds to the allegations outlined in the original petition.

Final Steps

Each spouse must disclose information about their liabilities, assets, income, and expenses. If both spouses agree to the terms of the divorce, some additional paperwork must be filed before the court can enter a final judgment. However, in cases involving disputes, mediation, court hearings, and even a trial may be necessary.   

If you require the aid of a seasoned divorce attorney in Lincoln, NE, Payne Law Office is the law firm to call. From consultation to completion, you can depend on attorney Stephanie Payne and her seasoned team of experts for the personalized legal advice, guidance, and representation you deserve. Follow the family law office on Twitter or call (402) 477-7246 to speak with a divorce attorney.

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