Divorce - An Overview
Divorce is always difficult. Regardless of who decides to file for divorce, you or your spouse, it is very important that you seek the assistance of a family law attorney. Consulting a knowledgeable family law attorney early is one of the best ways to preserve your own rights and interests.
A divorce is a method of terminating a marriage contract. Legally, a divorce will give each person the right to marry someone else, divide the couple's assets and debts, and determine the future care and custody of their children.
Contested Divorce
Before a divorce may be granted, there are usually five basic issues that must be resolved. They are:
1) Spousal support;
2) Property division; and, if there are children:
3) Custody;
4) Visitation; and
5) Child support
If a couple can agree on all five of these issues in writing, they will be granted an uncontested divorce and avoid litigation. Conversely, if there is disagreement on any of the basic issues, a contested divorce exists.
Divorce Litigation
· Petition - The filing of a petition formally begins divorce proceedings.
· Summons & Response - Notice to your spouse about your intention to pursue a divorce. The response is your spouse’s acknowledgement that the divorce has begun.
· Hearings & Temporary Orders - In some situations, issues need to be temporarily resolved before the final divorce agreement is reached or ordered by the court. For example, if a couple cannot agree on temporary child custody or child support, they may 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.
· Discovery - The period when each side gathers information in support of their legal arguments. It is an important phase in contested divorces.
· Trial - A court appearance 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, not a verdict. It is simply the judge's rulings on all the issues in question during the trial, such as custody, visitation, and support and property division.
Alternatives to Trial
Mediation
Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach agreement on contested issues.
Collaborative Divorce
Collaborative divorce is a relatively new process where each party and their attorneys work together to resolve disputes through negotiation and compromise. This process requires an up-front commitment to reach an agreement, and if either attorney moves the case toward litigation, both attorneys will be disqualified from representing their clients in the litigation.
