The Common Divorce Process

Divorce varies according to specific situation. Here are common steps in divorce process.

Legal Separation

If your state doesn’t have laws that allow a legal separation, your next step would be to contact your lawyer or file a petition with the courts yourself requesting a hearing so that a temporary separation agreement can be ordered.

Temporary Divorce Orders

The court can issue temporary orders that outline specific actions that must take place immediately and last until the final divorce hearing. Examples of things covered in temporary orders are child support, spousal support and child custody.

Divorce Discovery

“Discovery” is a legal mechanism designed for gathering information. There are four steps in the process.

1) Disclosures

2) Interrogatories

3) Admissions of Fact

4) Request for Production

Depositions 

During depositions, attorneys will take sworn testimony from the opposing party and any witnesses involved. Anything said during a deposition can be used in court should an agreement not be met and you end up in divorce court.

Divorce Mediation

During mediation, both parties to the divorce and their attorneys meet to discuss any conflicts they may have and try to come to an agreement that meets the needs of both.

Divorce Court

If mediation didn’t work and there are unresolved issues a trial date will be set. During the trial, both parties have the chance to argue their case before a judge. The judge will examine all the evidence and make a reasonable decision.

 

After Divorce Court

Two parties to the divorce should sign the final decree of divorce. The final decree states how marital property will be divided, any orders pertaining to custody of the children, child support amounts and any spousal maintenance that is ordered and any other issues pertinent to the dissolution of the marriage.

Appealing a Divorce Court Order

If you feel that the court’s orders are unfair you may then file a motion to appeal the order and request a new hearing. This motion is filed with the same judge, so you shouldn’t be surprised when the courts deny your motion.

 

 

 

@divorce lawyers

Leave a Reply