Divorce
Divorce can be an extremely stressful process, especially when you are unable to reach an agreement and have to appear in court. When you are going through a divorce, we understand the difficulties inherent in the process, and will consider ways to settle the case that will reduce costs and result in a fair settlement to you. Coming to an agreement with your spouse allows you to have an active role in finalizing your case, eliminates the risk of going to trial and the uncertainty of a judge's orders, and reduces costs.
If you are unable to reach an agreement with your spouse and litigation is the only option, having an experienced attorney who will prepare you for your hearing and help you focus on the most important points is vital to the success of your case.
Before a divorce may be granted, the typical issues that must be resolved are alimony or spousal support, property division and, if there are children, custody, visitation,and child support.
A divorcing couple who agrees in writing on all of those issues will likely be granted an uncontested divorce and avoid adversarial divorce litigation. Conversely, if there is disagreement on any of the basic issues, a contested divorce exists. When a divorce is contested, the couple may proceed through all phases of litigation, including trial. The couple may also voluntarily seek alternative dispute resolution methods like mediation or they may be ordered by the court to do so.
Most marital termination proceedings usually include some version of the following components:
Petition. The filing of some form of petition document formally initiates divorce proceedings.
Summons and Response. Formal notice to your spouse about your intent to pursue court action to obtain a legal divorce. The response is the other parties' acknowledgement the divorce procedure has begun.
Motions. A formal request to the court to order some type of action before the trial. For example, in situations involving domestic abuse, it is not uncommon for a motion for a protective or restraining order to be filed.
Discovery. The phase of the proceeding where each side gathers information in support of their legal arguments. It is an important phase in contested actions, particularly if you believe your spouse is hiding assets. It includes depositions and interrogatories.
Hearings and Temporary Orders. In some instances there are questions or situations that need to be temporarily resolved before the final divorce agreement is reached or ordered by the court. For example, if the couple can't agree about where their children should live during the process they would ask the judge, during a hearing, to decide. Temporary orders generally remain in effect until the final decision is made at the end of the divorce process.
Trial. A critical court appearance before the judge where the case will be decided. The trial may include witnesses, friends, financial experts, psychologists, as well as other types of evidence including financial records.
Judgment. The final decision is a judgment. It is not a verdict in the sense the judge assigns blame to either party. It is simply a legal statement of the judge's rulings on all the issues in question during the trial, such as custody, visitation, support and property division.