Getting a divorce can be a lengthy and difficult process for many people even if both they and their spouse live in the same city. However, this process can become far more complex if you and your spouse no longer live in the same jurisdiction. If you are currently dealing with this situation, you should know that hiring a divorce lawyer to represent you can make the process much easier. This is because your lawyer will be able to take on many of the out-of-town tasks that you would otherwise be responsible for completing on your own. In this article, you can learn more about the services a divorce lawyer can offer and how these services can assist with your out-of-town divorce case.
Filing Paperwork With The Court
Most jurisdictions require that paperwork that is being filed with the court be filed in person rather than allowing for electronic submission. Consequently, if you and your spouse are not located in the same city, you will be required to travel to their location each time you need to file paperwork with the court. This can become quite an inconvenience, especially if your spouse chooses to contest the divorce since this can result in a lengthy court process. When choosing to hire a divorce lawyer, this lawyer will be able to legally file all necessary paperwork with the court on your behalf.
Establishing Jurisdiction
In order for a judge to legally issue a divorce decree in your case, the court will first need to establish jurisdiction. If you and your spouse live in different counties or even different states, this will typically mean the need for one spouse to waive personal jurisdiction. A divorce lawyer will be able to help you deal with this issue so that your divorce can be finalized.
Negotiating Terms Of Divorce Settlement
If you and your spouse have not yet settled on the terms of your divorce, a divorce lawyer can help you to negotiate these terms through the use of mediation services that do not require you to be in the same physical location as your spouse. Once you have agreed on the terms of this settlement, your lawyer will also be able to draft a legal document setting the terms of your agreement, obtain your spouse's signature on this document, and file the document with the court.
Appearing In Court
When the time comes for you to appear in court, your divorce lawyer will often be able to save you a trip by appearing on your behalf. In fact, you may be able to avoid appearing in court altogether if you are able to sign all documentation prior to your scheduled court appearance.
The Bottom Line
While it is possible to obtain a divorce from your out-of-town spouse without the assistance of a divorce lawyer, doing so will require you to spend a considerable amount of time and money traveling back and forth to your spouse's location. Consequently, not only will hiring a lawyer make the process much easier on you emotionally, but it may also save you a considerable amount of money in the long run as well.
When my ex-husband decided to contest my choice to homeschool our children, I knew that I had to defend my right as the custodial parent. Our custody agreement gave me authority over educational decisions, but he still took me to court. I spent a lot of time working with an attorney to find out how best to handle it, and I did a lot of research on the laws as they applied. If you're trying to defend your educational choices amidst your divorce, this site may help. I've built it to share everything I learned and explain the process that I went through to secure my rights.