By: L. Steven Sanders
Family law attorneys cope with contested divorces regularly. Unfortunately the longer a couple was actually married the more complications there are to cope with. In the event that two people don’t agree entirely the court will step in. Ordinary problems are division of assets, child custody, and child support. Any time a case goes to court, it is going to take longer. The court is forced to listen to both parties arguments and deliver a judgment. In certain situations the couples may be assisted by a mediator to try to resolve their issues without going to court.
The first few meetings held with a divorce lawyer are an interview to find out about the critical issues to be determined in the divorce. They ask you for any paperwork applicable to marital properties and other fundamental components such as children. After getting all the necessary information, they will go over it and determine what is reasonable. This information is used to record the divorce petition to be given to the spouse. If he/she does not respond in thirty days, they are branded to be in default and the divorce is immediately granted. The discovery phase is essential just before the divorce petition is filed and brought to the spouse. All of the material, documents and other necessary items are collected by the divorce attorneys for both parties. Settlement papers may be prepared numerous times until a final decision is reached. In cases where both parties can not attain a settlement, the court takes over and trial proceedings begin.
A typical divorce trial operates much like any other sort of trial. Every party is granted their own witnesses which will be subject to cross-examination by the opposing party’s attorney. After that closing arguments shall be delivered and the judge will render his verdict. After the order has been signed by the presiding judge, either party has thirty days to file for a trial motion to grant relief of the judgment. In a case where the trial motion is denied, an appeal can be filed to the appellate court within thirty days after the denial.
Each and every step involved in a contested divorce is detailed and can be very time consuming. When the event a trial is called for, the amount of time increases severely and there is no way to figure out exactly how long it will take. An advantage of a court trial is the potential to be granted restraining orders if there is threat of being harmed. Certainly the most significant disadvantage is that both parties can walk away financially exhausted.
A divorce lawyer can be quite an advantage when a divorce is contested. When two parties can not reach an agreement to make a deal in a divorce, the process often becomes very lengthy and costly. Just before the divorce goes to trial, a petition must be given to the spouse and replied to within thirty days. Both family lawyers acquire all information they will need to build a case and then attempt to deliver an agreeable resolution. If one cannot be gotten to, the case goes before a judge for a final resolution. That decision could be appealed by either party within thirty days.
While conducting the research for this article, I learned a lot about contested divorce and how to choose a great contested divorce lawyer at DivorceLawyersofAtlanta.com.