At What Point Are The Papers Signed In the Divorce Or Custody Process?
Final divorce documents can be signed at any time but the divorce won’t become final until there is a hearing and the judge executes a divorce judgment. The date of the judgment becomes the official divorce date. A party can sign a divorce judgment or a property settlement agreement during the mandatory waiting period, if all of the issues generated by the divorce are agreed upon. The documents can be prepared in advance by their lawyers and submitted to the court. Ultimately, a judge would sign it.
How Long Does It Generally Take The Divorce Or Custody Process To Be Finalized?
The length of the divorce process varies from 60 days to a year or more, depending on whether the parties reach an agreement or the matter proceeds to a trial in front of a judge. The law in Maine requires a 60-day waiting period before a divorce can be final. There is no statutorily mandated end date, which is largely dictated by the nature and extent of the issues and their complexity. An average timeframe for an uncontested matter is ninety (90) days while a contested matter can approach a year.
What Is The Official Divorce Date And Why Is It Important?
The official divorce date is the date that the court entered a divorce judgment. All court orders are required to be docketed. Docketing occurs when the clerk of the court enters the order on the docket of the case. This is oftentimes done the very same day as the judge signs an order. However, it could happen on a day after that, if the court is pressed for the time. The date a judgment is entered is important because it is the date used for all post-judgment court procedures.
How Does Personal Property Get Separated And Divided Once The Divorce Is Finalized?
Depending on the level of contentiousness, the parties can divide the property by agreement at any time. If, however, there is no agreement, the property division will be decided by a judge who can also order how the property gets physically divided. The terms of the judgment can include dates and times in which property is to be retrieved. It could also contain a very detailed listing of the items that are to be retrieved or exchanged, if in the possession of the other party.
Can I Take Anything If I Move Out Of The Home? How Would I Be Able To Do So?
Absent a court order, there is nothing that restricts a party from removing items from a home. However, in every case, there is an automatic preliminary injunction that restricts a party’s ability of disposing of property unless there is written agreement or court order. The court can be requested to address the issue of possession of real and personal property pending the final outcome of a case. This process will result in the court issuing an order granting possession of both real and personal property to the spouses before the case is finalized.
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