Welcome to Your Journey With Us: Navigating the Legal Landscape with Confidence
Embarking on these types of matters can feel daunting, but understanding the journey ahead can provide clarity and confidence. At our firm, we break down the process into clear, manageable stages, ensuring you are well-informed and prepared every step of the way. Here's a roadmap of what to expect:
During our initial meeting, we will ask you to fill out various information forms that will provide us with basic information (names, addresses, birthdays) as well as information regarding your marriage that will be used in the case. It is very important that all of this information is accurate considering we will rely on this information in Court. My office will also provide you with a list of documents that you will be required to gather. Please provide the requested documentation back to us as soon as possible. We cannot move forward until we have this information. Upon receiving the requested documentation, I will review everything and determine the best strategies in handling your case as we move forward. This generally takes roughly 2 to 4 weeks after receiving back all requested information. From there, we can make major decisions as to how the case should be handled. This means, for instance, whether or not we can come to an agreement as to the terms, what relief will be sought, and overall what we hope to accomplish during the proceeding. If we can come to any type of agreements prior to filing the petition, we will attempt to get those agreements in writing before filing for divorce. My office will contact you when I have completed my review and we will discuss the best course of action.
We have prepare and are filing a petition for divorce. Upon filing the petition, we are required to serve your soon-to-be ex-spouse and he or she will file a response with the Court. This stage of divorce includes requesting temporary relief or extraordinary relief. Temporary relief consists of asking the Court to make temporary decisions regarding property, insurance, custody and any other matters that might come up over the next several months, such as the use of the home, car or furniture. The court is also empowered to grant extraordinary relief due to some extraordinary circumstance requiring immediate action to protect a spouse, child or any property. Examples of such cases include drug or alcohol abuse and domestic violence. This stage lasts roughly 1-2 months depending on the ability to serve the opposing side.
After the petition is filed and served, the parties enter into temporary orders, either by mutual agreement or by court order, which govern property, debts and custody pending the granting of a divorce. Temporary orders may provide for an injunction to prevent the hiding or damaging property or the incurrence of any unusual debts. They may also contain orders for temporary custody and support of children. The court may also order one spouse to pay temporary spousal support to the other spouse. To avoid the expense of a temporary hearing, the parties may elect to resolve all such issues by agreement. If arrangements on all matters cannot be made with the consent of both parents, a temporary hearing may be held in court within 14 days of the filing of the petition.
The next stage is the discovery of evidence including any and all facts regarding property, debts, the parties and children. This information is the foundation of any divorce case. The goal is to find out what issues exist between the parties, what the parties are in agreement on and any disagreements. It is important for you to be as involved as possible during this stage to ensure that we gain as much knowledge as possible about your spouse's situation and that correct information about you is revealed. The discovery phase of the case can last anywhere between 3 to 8 months depending on the facts of the case.
During mediation, the parties attempt to work out an agreement by working with a professional mediator skilled in family law cases and selected by the lawyers of both parties. The mediator reviews all that facts and usually meets the parties before the mediation date. At mediation, each side tells the mediator in confidence their strengths and weaknesses. Often, a portion of time with the mediator is also spent venting grievances against the other spouse. Each side is then asked for suggestions on settlement. Next, the mediator discusses possible compromises to the differences in private with each side. When successful, this process eventually results in a settlement that avoids the stress and expense of a trial. While decisions cannot be forced on either party, both you and your spouse need to understand that a spirit of give and take is needed to achieve a reasonable chance of a meaningful settlement. It is nearly impossible for either party to get everything they want. Compromise and open minds are vital to the success of mediation. Considering there are several parties to coordinate, it generally takes between 1 to 3 months to schedule and conduct a mediation. My office will contact you about meeting and preparing for the mediation upon scheduling the date.
If mediation is unsuccessful, the case must go to trial. We will fully prepare you for any roles you may have at trial and make sure that you understand the proceeding. We will also do everything necessary to prepare your case so that the court has all the facts to make a fair division of property and do what is in your children's best interest. In some cases, only the involved parties testify. While in other trials, expert and fact witnesses may be called to testify. The vast majority of divorce cases are tried before a judge, not a jury, since jury trials are much more expensive and time-consuming. At the conclusion of trial, the judge will enter his or her rulings and orders concerning custody and support of the children as well as those necessary to divide the community property, assets and debts. These court orders are usually read immediately in the courtroom, but can be delivered days later by letter to the attorneys. After a settlement has been reached or the trial court has entered its orders, the divorce decree and other documents must be drafted. The enforceability of any agreed or litigated judgment for divorce depends in large part on how carefully it is drafted. If a ruling is completely unacceptable, we can discuss an appeal, but often have a limited chance of changing any decision. We will let you know as soon as we receive the final paperwork to sign.
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