Marriage Dissolution: Procedures
RESIDENCY
Either wife or husband must have resided in the state for
at least 180 days before starting the proceeding. It may be initiated by either
or both spouses. A dissolution may be granted in the county where either spouse
lives.
PETITION
The petition (request to the court) for dissolution of
marriage contains such basic information as: names and addresses of the couple;
date and place of marriage; names, ages and birth dates of dependent children;
residence; and any requests for temporary or permanent maintenance, child
custody, child support, disposition of property and legal fees.
ALTERNATIVE DISPUTE
RESOLUTION
The Supreme Court requires that all persons seeking a
marriage dissolution must take part in Alternative Dispute Resolution* (ADR).
The divorcing parties are required to choose an out-of-court adjudicative
process (such as arbitration, mediation, consensual special magistrate,
moderated settlement conference, or a summary jury trial). If the parties are
unable to agree on an ADR process, the court will determine which is most
appropriate. If a settlement acceptable to the divorcing parties is
reached, the agreement is filed with the court. The decisions made are binding
unless an appeal is filed by one or both of the parties within twenty days from
the date of settlement. If no settlement is reached through the ADR process, the
divorcing parties may then pursue the marriage dissolution through the court.
*This requirement is waived if domestic abuse has occurred within the
relationship.
TEMPORARY ORDERS
Temporary orders may be granted by the court until a final
decision on: custody and parenting time of children; maintenance; child support;
use and possession of property; and restraining orders.
LEGAL FEES
Each spouse is responsible for his or her own debts.
However, the court may require one spouse to pay a reasonable amount necessary
to enable the other to carry on or contest the proceedings and to pay the
corresponding legal fees.
MANDATORY
PARENTING CLASSES
In marriage dissolution proceedings where custody and/or
parenting time are contested, the parents of minor children must attend a
court-approved parent education program. The purpose of these programs is to
educate parents about the impact that marriage dissolution, court proceedings
and the restructuring of families have upon children. In some instances the
children of divorcing parents may also be ordered to attend an educational
program with the aim of helping them to better cope with the marriage
dissolution.
DIVISION of MARITAL PROPERTY
The law provides that the division of marital property be
just and equitable. It is made without regard to marital misconduct. Factors
considered are: length of marriage; age, health and occupation of each spouse;
amount and sources of income; employment ability; debts, needs and financial
opportunities; and contribution of each spouse to the marital property. It is
presumed that each spouse made a substantial contribution to the acquisition of
income and property. The court may award either spouse the household goods and
furniture, whether or not acquired during the marriage.
This document provides
general information on marriage dissolution and the law. It is not
intended to be used as legal advise. For application and interpretation of
the law to your situation, contact an attorney or one of the resources listed in
the brochure.
Last Updated:
Tuesday, 22-Aug-2006 15:22:27 CDT (mmp)
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