How Is A Divorce Granted? Will You Have To Go Before A Judge In Court?

Divorce can be overwhelming to understand. It can also be hard to understand the steps necessary to complete the divorce process and what paperwork and legal requirements are needed. This article will provide a comprehensive overview of the divorce process.

Hiring A Divorce Attorney

Going through a divorce can be an incredibly stressful and emotional journey. It’s essential to have someone by your side who understands the process and is familiar with the laws in your state. 

Hiring a divorce attorney is often necessary to ensure you get the best possible outcome for yourself. A divorce attorney will help you make sense of all legal documents that need to be filed. They will also advise on what options are available depending on your situation. 

Steps In Obtaining A Divorce

Divorce is not only a significant change in marital status but also involves legal matters that must be taken care of. In order to make the procedure more straightforward, it is essential to understand the steps involved in getting a divorce. 

Filing Of Complaint

The first step in filing for a divorce is to file a complaint, usually done by an attorney. The document discloses to the court all information and facts relevant to the case. Furthermore, it outlines any spousal support or other financial arrangements that the court must decide upon. 

The complaint should also list any children involved in the case. This includes their ages and custody issues that may arise from the separation. Additionally, it contains details on how marital property will be divided between spouses and lists of debts held jointly by them.

Serving The Defendant

The next step in the divorce process is to have the defendant served with a summons and complaint. Someone not involved in the divorce case must serve this document in person. It is typically served by a sheriff, constable, or professional process server.

Once the summons and complaint are served, they must be filed with the court that has jurisdiction over your divorce proceedings. This filing will begin your legal battle for a fair settlement and division of assets between you and your spouse. 

Discovery (Contested)

Discovery is when both parties exchange information about finances and assets. This includes documents such as bank statements, tax returns, and other related material. If your case is contested, there will be an additional discovery period. 

Discovery ensures that both parties are educated on financial matters before making final decisions regarding the division of assets or obligations. Gathering information during this period can help reduce potential disputes. 

Deposition (Uncontested)

You may benefit from a comparatively more straightforward process if your divorce is not contested. When both spouses agree on most significant issues they typically don’t need to go through extensive discovery or present evidence in court. Instead, the evidence will be taken by deposition. 

A deposition is a formal process that allows attorneys to take sworn testimony from witnesses outside the courtroom. The witness is questioned under oath about specific facts related to the case. Their answers are recorded verbatim by a court reporter or stenographer. 

Final Decree Of Divorce (Uncontested)

The Final Decree Of Divorce is the document that legally terminates a marriage. It would be prepared for an uncontested divorce when both parties agree to the divorce terms and do not require the court’s intervention. 

This document should contain all the details regarding the division of property, child custody, and spousal support as agreed upon by both parties. Once completed, it must be signed by both parties and filed with the court, along with a deposition.

Trial (Contested)

A contested divorce typically begins with pre-trial hearings. This is where attorneys exchange information and prepare for trial should an agreement not be reached. During these hearings, attorneys may also file motions as part of their case preparation.

If settlement conferences with the judge are unsuccessful, then the trial will take place. The trial includes the presentation of evidence followed by closing arguments from both sides. If one party is unhappy with the ruling, they may appeal to a higher court.

Summary

Hiring a skilled divorce attorney is the best way to ensure a successful outcome during a complicated divorce. A reasonable attorney can also represent you in court if needed. It is essential to have a professional who understands your individual needs.

Having a professional on your side who understands the law and will fight for your best interest is essential. The Irving Law offers many years of experience with various cases. This leaves clients confident that their claims will be handled efficiently and effectively. Their knowledge and expertise reassure you that you are in good hands throughout the process.
Find Out More About: Divorce Disadvantages When Filing Without A Lawyer

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