Divorce Law Needs Expert Knowledge
There are many things that must be considered when it comes to divorce law. Every country or state will have their own laws regarding divorce settlements. Before taking the initiative in a divorce proceeding, you must find a lawyer who can put you at ease and help you understand the laws that will be enforced during your settlement.
The legal proceedings spelled out in divorce law will vary by state. If you are intending to seek a divorce from your spouse, it is important to contact your lawyer and find out what laws govern your state in terms of divorce proceedings. Once that is accomplished, you may be able to seek a legal separation, so long as your state recognizes them. A legal separation is petitioned by a lawyer in a court of law, allowing the spouses to live apart while each of their responsibilities are laid out in a separation agreement. If your state does not recognize a legal separation, then you must go to the next step, which is filing for a petition for divorce.
After a separation, divorce law proceeds to the filing of a petition to the county clerk. This is usually called the “Original Petition for Divorce.” The party filing for a divorce, called the “petitioner,” must state in the letter their reasons for filing. This letter will also include the names of both parties involved in the proceedings as well as any children involved. The petition is then given to the “respondent,” or the other party involved. They have thirty days to seek their own attorney and give their consent to the petition. When children are involved in a divorce settlement, the petition must be recognized by both parties before either one is allowed to request legal orders to assist with child support guidelines.
Divorce law allows the collection of information on both spouses involved. This is called “discovery,” and normally consists of five steps, depending on the state where the case is handled. The first is a disclosure, where both the petitioner and the respondent list what they feel is rightfully theirs. This includes property, child custody rights, and personal assets. The disclosures are handed out must be evaluated within thirty days. Interrogatories are a list of questions drafted by attorneys to be asked to both parties. These are handed out and must also be answered within thirty days. Some states have limitations on the amount of questions asked by attorneys.
Admissions of facts are another part of the “discovery” process. Either both or one spouse will direct claims to the other party which must be denied or accepted within the allotted time, usually thirty days. Income and personal properties are collected in the next phase, which is referred to as a request for production. The spouse that is served with a request must comply within thirty days. Because this process involves personal information, it is usually here that divorce proceedings slow down considerably. Finally, depositions are needed to fulfill the “discovery” mechanism. Depositions are sworn testimonies of the opposing party and they usually involve witnesses and are often used in court during the divorce proceedings.
Once all the information is gathered, a mediation or trial is scheduled. Mediations are when both spouses meet with their attorneys to discuss the divorce and attempt to reach a settlement without going to court. If a settlement can not be arranged during this time, then a trial is set so both parties can argue their case in front of a judge. Once the judge makes his or her decision, the papers are signed and a divorce is finalized. As with any court proceeding, appeals can be made if one of the parties involved feels the judges ruling was unjust.
No one is overly excited about the prospect of succumbing to a state’s divorce law. Because there is no way to avoid the issue, it is important to properly arm yourself with a trustworthy lawyer and ample amount of information about your state’s legal specifications. Knowing what you are up against can greatly increase your chances of speeding up the divorce proceedings because you are not caught off guard by unexpected requirements.