---

The Legal Process

 

The actual legal process and some terms of divorce may differ from state to state.  Below is a basic description of the general divorce process intended to inform you, not to guide you.  Please consult a lawyer to discuss your states legal process.

 

The Petition informs the court of your intention to dissolve your marriage.  The petition is served upon your spouse. 

 

Response, often referred to as the Answer.  The spouse served must file an answer or respond to the petition.  If you fail to respond, you may lose your chance to present your side of the case.

 

Temporary Orders, temporary hearings, pendente lite hearing, or motions are hearings used to set the rules and guidelines while the divorce is pending.  Parties may want temporary orders to establish about whom stays in the house, temporary custody, support, maintenance, protection from abuse/harassment, use of assets, etc.  Some states have temporary orders that automatically go into effect once the petition has been filed.  Temporary orders generally stay in effect until the case has been settled.  These orders can be changed or modified if warranted by significant changes in circumstances. 

 

Mediation is only required in some states.  It is another opportunity for both parties, with the help of a neutral party, to come to an agreement before the case is officially turned over to the courts.  

 

Co-Parenting Classes are now required in some states.  They are used in an effort to teach and guide parents to be better able to deal with the effects of divorce on children.  Children of a certain age may also be required to attend a similar class intended to help them learn to cope and understand divorce.

 

   Discovery is used to gather information in support of each party’s argument about the other person’s finances and assets.  This step is especially important if you feel your spouse is hiding assets or if custody and/or support are going to be an issue. 

 

   Discovery can be conducted formally or informally through the following devices: Interrogatories, Document Requests and Releases of Information and Depositions.  Interrogatories are a series of questions requiring written responses.  Document Requests allow parties to obtain relevant documents.  If these documents are not easily obtained, such as bank statements or medical records, the lawyer will send a Release of Information in order to obtain the documents from a third party.  Depositions (examination before trial) are a more expensive form of discovery, allowing spouses, witnesses and experts to be subpoenaed and deposed. A deposition is mostly used when facts or specific information needs to be obtained and the previous forms of discovery discussed have not been successful.  A deposition can also be used at a later time if the party is unavailable on the court date.

 

Negotiated Settlement can be reached at anytime during the legal process.  All parties and their lawyers should be attempting to reach a settlement through the divorce process.  Once all the facts on both sides have been shared, parties can begin to bargain for specific claims.  Negotiating a settlement prior to a trial allows both parties some privacy and control, which is often very valued when they feel everything else in their life is spinning out of control.

 

 Pre-Trial is when both parties are interviewed in front of a judge or other person acting as mediator.  This meeting is an opportunity for parties to have another chance to work out their differences.  If there is movement towards resolving conflicts during the first pre-trial hearing, another hearing may be held in an effort to lead to a voluntary settlement.

 

 Trial occurs when parties are unable to resolve divorce issues.  Though a trial can be costly, time consuming and emotionally draining, it is sometimes the only way to dissolve a marriage.

 

 During the trial each spouse is expected to make a court appearance before the judge.  Each party will be able to tell their side of their story and may be cross-examined by the opposing party.  Witnesses and experts may be called and documents and other pertinent information may be presented. 

 

Most trials follow the procedure below:

 

·   Opening statements

·   The plaintiff’s (Petitioner) case - person who originally filed the divorce papers

·   The defendants case

·   Rebuttals by the plaintiff and the by the defendant

·   Closing arguments by each side

·   Final judgment

 

Judgment is at the end of the trial where a judge (and in some states a jury) will make a final judgment or a legal ruling.  The judgment will include the divorce decree dissolving the marriage and information regarding of the division of property, custody, support and maintenance payments.

 

Appeals are available to both parties after the judge has made his official ruling.  Most states give parties a set amount of time, usually 30 days, in which to appeal the judge’s ruling.

 

Modification to a divorce decree may occur if circumstances or aspects of a divorce can be modified or altered by the judge, such as child support, alimony, visitation, etc.  Parties will need to provide significant proof that changes need to be made to the original ruling.

 

Enforcement.  After completing the divorce process, there may still be a need to hang on to your lawyer.  There may come a time when rules and guidelines agreed to in a settlement, or that were established by the judge, are not being followed.  You now have the option of seeking assistance through the courts in an effort to enforce the settlement or judgment.

 

Complete the free case review or call 1-800-550-8047 to get a free consultation with an experienced divorce lawyer in your area. 

 

CLICK HERE FOR YOUR FREE CASE REVIEW