Already on ArticleSlash?

Forgot your password? Sign Up

Steps For When Divorce Or Separation Begins Part Two

 


Visitors: 285

Disclaimer: I am not an attorney and do not give legal advice. Anything in this article is for informational purposes only.

Family law is different from state to state, but there are enough similarities that the information contained here will apply.

STEP 3: LAWYER-UP

You've been served and summoned to answer the petition or complaint filed for divorce. It's not a bad time to think about consulting or retaining an attorney at this point. You shouldn't put this off until the last minute. Remember you only have a certain amount of time to respond and now the clock is ticking.

In this day-in-age, I believe everyone knows someone who has been divorced and probably many know several. Ask you friends, family or fellow workers who they used. Call around to any attorneys you know personally and ask for referrals. Organize your questions and any pertinent information that you want the attorney to know, and write it down to take to your meeting.

If after meeting with your attorney you aren't comfortable with his approach or just don't like his tie, look for another. Too many people relate that their attorney was or did a bad job in your representation. Grow up! It's your fault if you keep someone on the payroll that you feel isn't working in your best interests.

STEP 4: NO MONEY

What happens when one spouse works and the other doesn't? A word of warning. The one not working should be sure it was not because they were just lazy. The courts frown on those that are able bodied and decide not to produce income. The unemployed spouse can file a motion for an advance reward to pay attorneys fees.

This is to keep things as even as possible and to prevent the unemployed spouse being taken advantage of legally by a rich or well-off spouse. You'll have to attend a temporary hearing. Sometimes these temporary hearings are useful to request temporary custody, temporary child support, use of certain properties, spousal support (alimony), insurance coverage, visitation rights, etc.

STEP 5: TIME TO REFLECT

Once you reach this point, the legal system halts everything. This is called a “waiting period". It varies from state to state before the divorce becomes final. This period gives both spouses time to adjust to new living arrangements, perhaps new surroundings, new feelings and situations.

The court wants to make sure that both parties are sure about their decisions before the final divorce decree is signed and all go their separate ways. Here's your last chance: Do you want to save this marriage? Can this marriage be saved? Can you work out everything to both parties satisfaction and avoid a trial? Is mediation the only way to work out differences? Are the children being adequately provided for? There have been many questions, of which many have already been answered, but the court still gives both people time to think things over.

You'll work with your attorney to take the next appropriate steps based upon the answers and decisions made.

Gerald Costa was a family man with 3 children that went through the divorce process. He is primarily self taught and strives to impart the knowledge he gained through his own divorce. Find out more Family Law, Child Custody and Custody Battle information at http://www.secretsoffamilylaw.com

(578)

Article Source:


 
Rate this Article: 
 
How a Divorce Attorney May Compel the Separation of Community Property in ..
Rated 4 / 5
based on 5 votes
ArticleSlash

Related Articles:

Divorce Settlements-Making The Most Of Your Divorce Separation

by: Chris Norton (January 28, 2007) 
(News)

Help with Separation and Divorce

by: Oscar Taylor (December 06, 2010) 
(Home and Family)

How to Overcome From a Separation Or Divorce

by: Karina Baez (July 21, 2008) 
(Relationships/Divorce)

You’ve Tried Separation, is it now time for a Divorce?

by: Jay Williams (September 22, 2011) 
(Relationships/Divorce)

Does Marriage Separation Usually Lead to a Divorce?

by: Georgia Hess (June 16, 2008) 
(Relationships/Marriage)

Understanding the Procedure of Divorce Separation

by: Jon Arnold (September 17, 2008) 
(Relationships/Divorce)

Practical Tips For Men - Getting Your Head Around Divorce and Separation

by: Neil Millar (January 08, 2007) 
(News)

Birth chart for Separation or Divorce by Best Indian Astrologer

by: Hemant Sharma (April 29, 2011) 
(News/Religion)

Divorce & Separation Recovery Program For Men - Ebook Review

by: James Fargo (December 14, 2008) 
(Book Reviews/Self Help)

How a Divorce Attorney May Compel the Separation of Community Property in ..

by: Will Beaumont (July 14, 2012) 
(Legal/National State Local)