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What will my Petition for Divorce State?
The Petition for Divorce will state all of the elements one would want the Final Divorce Decree to incorporate. This includes child support, spousal support, and custody. Not all of these things are deemed necessary but the court does not know what you do not tell. The Petition also depends on the present relationship between the two spouses. Discussion of divorce often occurs before filing the Petition; so many issues are discussed and resolved.
What if I can not locate my spouse and I want a divorce?
One must make a significant effort and be prepared to tell the court under oath that a significant effort had been made. If one can not locate the spouse, he or she may be given notice through a publication, typically the local newspaper. If a spouse leaves town in order to flee the summons there are measures that can be taken to get the divorce proceedings rolling.
What are the advantages to a no-fault divorce?
The one benefit to this type of divorce is the victory does not go to the spouse with the greatest number of complaints. Each spouse is seen as contributing the same amount to the death of the marriage, so a more equitable agreement is possible. One might think that a no-fault divorce is quick and easy, but people always have a tendency to get very greedy until it is all resolved.
What is an uncontested case?
A divorce proceeding where there are no disputes as far as the legal issues. Both parties agree on all matters and just want the whole process to quickly end. Sometimes an uncontested case is caused by a missing spouse or one’s refusal to participate.
What is a contested case?
The minute the petition is filed and the other side disputes on or more claims, the case becomes contested, and is contested until all disputes are resolved, such as support, custody, access, and division of assets.
What does a mediator do?
A mediator may be used if the spouses do not wish to fight in the courtroom. The mediator does not make decisions, but instead helps clarify both sides of the issues. The intent is to help both sides express and understand each other’s objectives and through negotiation achieve a resolve.
What is arbitration?
Less formal than a regular court hearing, a panel of experienced attorneys will hear both sides of the story. Each spouse will have the opportunity to disclose all information necessary to prove his or her claims. Legal counsel must represent each side, and the decision reached by the panel is final. The decision may then be included to the divorce petition to become part of the final divorce decree.
What are pleadings?
The initial formal written complaint or summons that is filed with the court and delivered to the spouse is the first pleading, and the response is the second. The response will either admit or deny the allegations made in the complaint. They are the papers filed to formally put a case before the court.
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How are temporary orders obtained?
It starts with a proceeding in which one side will request some kind of relief, such as custody and support, before the final judgment on the divorce has been made. Since the divorce process can be quite lengthy at times, many disputes must be resolved on a temporary basis. Without temporary orders, it is very difficult to have somewhat of a normal life during the process.
What if a spouse does not follow temporary orders?
A petition for contempt will need to be filed and if the delinquent spouse can not show good reason for disregarding the order, then a fine or imprisonment may take place.
What if a spouse is suspected to be violent or abusive?
If you have a good reason to believe that a spouse will act in this manner a lawyer will be able to ask the court for an order which will restrain that spouse from coming within a certain distance of the other spouse. If the spouse does not abide by the court order he or she may be held in Contempt of Court and be sent to jail.
How should I prepare for Divorce Court?
You can never be over-prepared for court. Be sure to review the specifics with the lawyer. Basic guidelines will help you work with your lawyer as a successful team.

 

 

Presentation: the client should always be very comfortable, but not to sacrifice a proper and respectable appearance.

Respect: Be on time, do not curse, address the judge properly, and do not raise voice.

Relax: Although the experience is very new, it is very helpful for the lawyer if the client is relaxed. When you are on the witness stand, remember to listen to all questions asked in full. Never think of an answer before the question is finished. The opposing counsel will notice this and use it to their advantage.

Pronunciation: Speak audibly and clearly. Everyone should hear whatever is said in a courtroom. If an answer is not clear, you will be asked to repeat and it is rarely to the benefit of the person on the stand to have to repeat anything. Be as direct. Speak as you ordinarily do.

Honesty: All witnesses must tell the truth. If your case can be destroyed by the truth, you might consider an out of court settlement. Dishonesty in the courtroom will only worsen any situation.

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