Navigating the Divorce Process – The Essential Role of a Divorce Attorney
Divorce is the formal end to any marriage and typically includes legal proceedings as well as time-sensitive matters like child support and property division. Select a divorce attorney with whom you feel at ease, and ask about their approach to divorce and how they would handle your case.
Petition for Divorce
Divorcing requires taking several steps that are governed by both state laws and local jurisdiction. The first step involves filing a petition for divorce in one’s home county with the court; this petition contains information regarding their marriage as well as asking that it approve an agreement that sets out custodial arrangements, parenting time schedules, property division, child support payments and spousal support payments for both spouses.
An attorney can guide clients through this step and ensure that the petition meets all legal requirements. Selecting an empathetic attorney may also prove invaluable as they listen attentively and respond accordingly – crucial steps in helping clients avoid prolonged proceedings and costly errors.
Summons and Complaint
At any stage in a divorce process, there will be plenty of paperwork. A lawyer can ensure all required forms are completed correctly and filed on time.
An attorney specializing in divorce can also offer emotional support during this challenging process, helping their client manage emotions like anger, sadness and frustration as well as understanding their legal rights in relation to certain arrangements or settlements.
In some instances, plaintiffs may seek a subpoena in order to force third parties into testifying under oath in court. Divorce lawyers can use these subpoenas as discovery subpoenas on bookkeepers, accountants, or any other third parties that could contain relevant information regarding a case. A good divorce attorney knows when this tactic should be employed so as to best represent their clients’ interests.
Answer for Divorce
Divorce cases are inherently adversarial, and the efficiency with which they’re completed often depends on the careful selection of an attorney. It’s important to choose a lawyer with whom you feel comfortable and whose practice style and communication methods align with your needs. Some attorneys might opt for an integrative or collaborative approach, while others may adopt a more aggressive stance.
If the allegations in your spouse’s complaint deviate from the truth, you have the right to dispute them by filing an Answer or a counterclaim. As part of your response, you’ll also need to submit a Financial Disclosure Form (FDF) which includes copies of your last three pay stubs. This form furnishes the court with details about your income, expenses, assets, and debts. The FDF can be submitted either electronically or in person at your local courthouse.
In complex or contentious cases where financial dishonesty is suspected, a divorce private investigator can be an invaluable resource. These professionals specialize in uncovering hidden assets, undisclosed income, or other deceptive financial practices that could influence the outcome of your divorce. They can provide critical support to your attorney, aiding in ensuring a fair and transparent resolution of your case.
Calendar Call
In contested divorce cases, when one spouse has been served with divorce papers they must respond by filing an Answer and scheduling an Initial Court Date or “Calendar Call.”
An experienced attorney is crucial in helping their clients through this step, typically meeting with both parties’ lawyers to discuss and estimate how long it will take to resolve.
Divorce attorneys can also help their clients come to an agreement regarding child custody and alimony (or “spousal support” payments). While in some states these payments are mandatory, others require couples to negotiate through mediation or alternative dispute resolution methods in order to reach an amicable resolution of these disputes.
Employ an attorney who possesses expertise in the areas most relevant to your case. When interviewing potential lawyers, ask about their background; including if they have served on bar association family-law committees or spoken on family law topics at conferences.
Final Decree
Finalizing a Decree marks an important moment in any divorce case. This document marks the conclusion of your marriage and resolves issues you battled over in court (asset division, debt division, custody etc). Drafting each individual decree takes much effort; its quality can determine its success just like any trial or negotiation strategy by your lawyer.
Be sure your attorney pays close attention to this aspect of your case. There have been cases in which attorneys forgetting to type orders that have been approved by judges – which can have dire repercussions for your case. A correctly issued order would include an inventory of assets and liabilities as well as an in-depth child custody/visitation schedule.