People who are considering a divorce are generally curious about what the procedure entails. A knowledgeable divorce attorney can help you understand what the process would be like in your unique case. They will also discuss some key aspects that may be common to most types of divorces.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.
The Divorce Summons and Petition
The first legal paperwork is usually the divorce petition. This is a legal document that essentially asks the court for granting a legal divorce or separation. The summons is served on the other party simultaneously for notifying them of court action. Both parties should not be involved in making any major financial changes or selling any marital assets at this point.
Parties would need to arrive at some sort of interim agreement about child custody, visitation rights, and spousal support since divorce process may take a long time. They should also talk about other matters which cannot wait till the divorce is finalized. The judge will conduct a hearing before the divorce is finalized for understanding the type of relief granted during the period the divorce is pending.
Certain courts will require couples to attempt mediation before they can move forward in court. Mediation is done through an impartial trained mediator that helps couples come to an agreement about child support, custody, spousal support, alimony, visitation, debt and asset division, and other things. Mediators are useful in helping couples save time and money. However, they are not appropriate in every circumstance.
The next step is to gather evidence for proving the case in court if the parties are unable to come to an agreement regarding the manner in which the dissolution will proceed. Evidence can come from interrogations, depositions, and document requests. A committed divorce attorney can help you understand the kind of evidence that is important. They can also help you gather it.
Majority of divorce cases settle before they go to trial. However, you should know that a divorce can settle during any time of the process. Trial can be arduous and expensive. They leave the final decision to the judge that may not make a decision that both parties are happy with. However, it may be difficult to come to an agreement without the judge stepping in. A knowledgeable attorney will be able to help you decide whether to accept the settlement offer or not.
You could end up going to trial if you are unable to come an agreement about matters related to the divorce. Attorneys of both parties will be able to show evidence during a trial. The judge may be asked to rule on the issues that are pending in contention if you and your spouse have settled on certain issues. You may have the option to appeal if you are unhappy with the results of the trial.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.