Divorce attorneys help their clients to go through the process of dissolution of a marriage; it doesn’t matter how long the couple will have been married or whether or not there are any children that are involved. When married parties can’t agree anymore, the divorce lawyers come into play to assist the parties to find an amicable or a court determined way of going separate ways; they will also have to deal with things to do with the children they had together in addition to sharing of the property they may have acquired during their marriage. Each party has to have a lawyer who will advise them on how to proceed with the matter.
Depending on where you are coming from, there are some states that dictate that parties file for legal separation for a minimum of six months and a maximum of one year before they can file for divorce; the petition can be filed by either party. If the parties had a prenuptial agreement, this can make the proceedings a little bit easier. However, you should note that because the document is not part it can easily be contested and an agreement can also be reached without the presence of one. The divorce attorneys belonging to either party will work in liaison with the other party’s lawyer in order to facilitate clear communication regarding their business assets, custodial concerns, and spousal support until a final settlement has been arrived at.
Divorce attorneys are obliged to provide advice throughout the different stages of the divorce proceedings; this is normally done regardless whether the former spouse has decided to withdraw, strike a settlement or they have finally ended up in divorce court. Either party is allowed to initiate the divorce proceedings but they need to have a reason for the petition they are going to state in the original document. A temporary divorce is normally issued earlier during the proceedings by the court to represent the legally binding status of the home, child custody and spousal support during the proceedings. At this point in time, the divorce lawyers can seek out and conduct divorce discoveries. This refers to the point where both parties are given the state right to their claim over particular assets and custody and they may admit blame in the dissolution of the marriage.
Some of the stages in the mediation process include disclosures, interrogatories, requests for production, admission of facts and depositions; all these are used to try and establish all the accounts, happenings as well as itemizing of the marriage to be ended. These steps will determine either party’s final statements as well as evidence regarding the reasons they are seeking their release from the marriage in addition to their reasons for pursuing a particular joint property. If any of the parties gets dissatisfied with the mediation process, the divorce lawyers will then be required to defend their clients and their arguments in divorce court where the judge will hear and make a determination.
This article is penned by Lora Davis