The divorce process starts when one or both married partners to file for divorce with the court. If you do have a divorce attorney (often referred to as a family law lawyer), he or she will typically file the divorce petition on your behalf. It will generally contain or be accompanied by, information regarding the assets that the couple possesses, the names and birthdates of the minor children, how much each spouse earns at work, and other similar information. Once the divorce petition is filed, it must be submitted to the court in order to proceed. Divorce proceedings vary greatly from state to state, so it is important that you understand what to expect before even filing the petition itself.
Many people are unsure what they should do once their divorce lawyer has given them the divorce petition. A good thing to do would be to ask questions of your divorce lawyer. Many divorces take months to finalize, so it is not unusual for the legal proceedings to stretch out for more than two years. Naturally, each divorce lawyer will handle his or her own case, but it is always a good idea to speak with a few different ones. This way, you can get an idea of how much time you should expect to spend in front of the judge, and what exactly you should expect from your spouse. You might also gain some insight into what the process will entail once the divorce is finalized.
Another common question that many individuals ask their divorce lawyers is what will happen to child support payments during the divorce process. In most states, child support is determined by a mathematical formula, based on the income of each parent, and the needs of the child (Ren). Some states, like California, have laws that allow the caregiver to petition for an increase of child support payments if he/she has made substantial improvements in the child’s life. Unfortunately, many people don’t realize that there is money available to increase the amount of child support that they pay. For this reason, it is important for you to discuss this with your lawyer.
One area of concern for many individuals when it comes to the divorce process is the division of marital assets. The process of deciding marital assets is usually referred to as a marital asset distribution. When couples divide assets during a divorce process, one spouse usually retains their “dominable” assets, which are those properties that can be divided during the divorce process. The other spouse’s “non-dominable” assets are those properties that the couple jointly owns; however, it is possible that these assets can be divided as well. The courts can only decide which assets are marital property and which are non-marital property.
Another issue that is commonly brought up during the divorce process is custody of children. During a court hearing called a custody hearing, a judge will determine what is in the best interest of the child or children. The judge will listen to both sides of the issue and then make a decision about where the child should live, go to school, and other relevant issues. This decision will generally be in the form of a custody order, and if the judge feels that one party is less unfit than another, he/she may issue a temporary custody order.
It is important to hire a Divorce Attorney if you have a difficult time being represented by your regular lawyer. A Divorce Attorney is trained and experienced in this type of case and knows how to effectively represent you in court. For this reason, a person with a difficult time being represented by a lawyer may want to consider retaining the services of a Divorce Attorney at this time. If you are having a difficult time being represented by your lawyers, you may want to hire an experienced Divorce Attorney to represent you in this matter. If your divorce process needs to be quick, you may not want to attempt to represent yourself in a court case and you should seek the expertise of an experienced divorce lawyer.