Outline of the Divorce Process

Posted by admin on April 27th, 2006

If you are about to be faced with a divorce and are wondering what to expect or how it works, this outline of the divorce process will help you get the basic mechanics of how it is conducted and what to expect. Obviously the first thing will be hiring an attorney that you think will do the best job representing your case in court. Then after consultation and your attorney have all the facts and information then they will draw up a petition for divorce which they will file at the court house which will start the divorce into motion.

Petition for divorce – The petition is simply a letter presented to the court requesting that they grant you a divorce along with any other request you may be wanting like custody of any children, alimony, and divisions of assets. This petition will identify who you and your spouse are along with any children that may have come out of the marriage. It will also explain to the court there reason or reasons that you are asking for a divorce such as abandonment, adultery and so on. If you are the one requesting a divorce you are know as the “Petitioner.” Then the papers will be served usually by an officer of the law to your spouse which is known as the “Respondent.”

Temporary Orders – In order to keep parties from disposing of assets, selling properties, leaving with children and other thing. The court issues a temporary that insures basically every thing stays as it is until the petition of divorce has been heard. Violation of a temporary order can have serious repercussions which can result in fines and even jail time as it is legally binding.

Discovery- A broad term that applies to several processes disclosures, interrogatories, Admissions, Requests for Production, and Depositions. Interrogatories are 25 written questions ask to the other party that they must answer. Admissions are written declarations of fact directed to the other party asking them to admit or deny an undisputed fact. The request for production is where both parties must provide each side any records they have asked for from the other inspection and photocopying. And the depositions is the sworn testimony is taken from the other party, or witness usually by the lawyers.
Mediation-Both parties get together in an agreed location to discuss their differences, and attempt to resolve the case. Most often a lawyer will act as a go-between as the couple facilitates the discussions. The lawyer acting as the mediator will try to help the parties settle the case. If agreements can be settled then the agreement can be drawn up and approved by the court and the matter will be closed without having the hearing.
Trial- The trial comes when the parties could not reach a settlement during the mediation so parties present the evidence to the Court for determination. So now the Court will hear all the evidence and facts, pleadings of both sides and parties, and make its decision.

Post Trial- this is simply the final decree of divorce based on the rulings of the court which are drafted up as order and signed.

Appeal- If you don’t like the out come or final ruling, you can file for a new trial or start an appeal.

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