The Divorce Process Explained

Contemplating getting a divorce can be a very difficult thing to do, especially when you're on your own. One of the biggest issues or one of the biggest things that we see that clients have, is that the steps to get through it and what to expect can be very intimidating. So it's important to hire an attorney as early as possible because it's our job to help walk you through those steps and be comfortable with the next step before it even comes.

I'm going to tell you a little bit today about what to what you can expect when we are working with you and working for you and working with you through the process. First, when you come and meet in our office, we will identify the key points or major issues that you are having in the marital relationship to determine how we would like to file any pleadings, we can file the simple complaint for divorce. Along with that, if there are concerns about transferring marital assets, transferring property, one party, squeezing the other out from access to finances, we can file orders and pleadings with the court right at the very beginning to ensure that the other party isn't transferring assets, isn't hiding money or taking money or taking vehicles or any of those things. That is the very beginning of the process.

After filing, you can expect that the other party will be served if we are the filing party and they will have an opportunity to file what's called an answer, and that is their response to the allegations in the complaint for divorce. Once they've filed their answer and perhaps even a counterclaim for divorce, we start moving into the actual litigation portion of the divorce process.

Once we get to the litigation portion, we are starting to move through the court system, exchanging information such as bank account information, getting homes appraised, trying to gather as much information as we possibly can to ensure that any settlement is going to be fair and equitable and just. When we get to the the court process, oftentimes we will be selecting a mediator. The mediators job is to be a neutral third party and listen to each side of the story and assist all of us in coming up with the best resolution. If we are able to mediate successfully and come up with a settlement agreement, we will begin working on the process of finalizing the judgment of divorce, which is going to have all of the settlement terms of your divorce. The settlement terms will include child custody, child support, property division, division of financial assets marital property; That will all be included in the final divorce. And if we're still heading in that direction, the next court hearing, you would essentially leave with a result that you are happy with and that is fair and equitable.

Now, if we're unable to come to a resolution in mediation, the next steps are to either continue mediating, continue trying to work on the issues that we cannot agree on and start finalizing the issues that we have been able to agree on. If we are not able to agree and we cannot come up with any sort of settlement through mediation or facilitation or with an arbitrator, then we would set the matter for a trial. And at the end it would be what the judge deems an equitable and fair division of the marital assets.