Divorce
No one enters a marriage with the idea that it will end in divorce. If your marriage is broken, only you can decide if divorce is the answer. While you can consult friends and family, the ultimate choice to end your marriage is yours. A divorce attorney likewise cannot assist with this very personal decision, but he or she can provide valuable advice about the financial impact of divorce and how a divorce can affect time with your children.
Further, Even if you know your marriage is no longer feasible, it is not uncommon to be reluctant about ending your marriage, especially when you are uncertain about the legal process surrounding divorce. It is important to consult a skilled attorney who can guide and support you through the process. While each divorce case is different, they all have the same key steps.
- 1A Petition for Dissolution of Marriage is filed, outlining the filing party’s specific requests for relief in terms of property division, support alimony, and if applicable, child custody and child support.
- 2The parties agree on who is going to possess certain property, such as the marital residence, during the pendency of the case, and how expenses are going to be paid. If the parties have children, temporary legal and physical custody arrangements will be made, and child support calculated. If the parties cannot agree to the temporary resolution of these issues, the court will decide them after a Temporary Order Hearing.
- 3Parties will request and exchange information – primarily financial in nature – with each other in a process called “discovery”. The purpose of discovery is to provide both parties with the necessary information to move toward settlement or trial.
- 4The parties and their attorneys, if the parties are represented, will attend mediation. During mediation, a skilled mediator (often a family law attorney) selected by both parties’ counsel will work separately with each party and his or her attorney to negotiate a settlement. If mediation is successful, one of the parties’ attorneys will commit the settlement terms to writing in a Decree of Dissolution of Marriage, which is the formal document that divorces a couple.
- 5If mediation is unsuccessful, the parties will proceed to trial, after which time the court will issue a ruling on all outstanding issues. The court’s ruling will be incorporated into a Decree of Dissolution of Marriage.
