Divorce is often times one of the most difficult decisions a person can face, especially if children are involved. If you have made the decision to proceed with a divorce we are here to help.
Divorces begin with filing a petition asking the court to grant the divorce along with whatever items a party may be requesting. There is at minimum a 60 day waiting period from the time a divorce is filed to when a final order may be signed. Under special circumstances, the waiting period may be waived.
If necessary, a temporary orders hearing can be held to set orders during the pendency of the divorce or custody case. These orders establish a temporary amount of spousal maintenance or child support until final orders can be established. They may also limit certain behaviors such as limiting disparaging remarks made by one party, or access to bank accounts and spending etc.
Our first goal in any divorce or custody case is to attempt to find common ground amongst the parties. This approach minimizes the disruption for any children involved and also creates less stress for both parties. Mediation is a process where an independent third party, often a retired judge, listens to both sides and assists them in reaching some agreements. Whatever issues are still disputed after this process then go to trial for a judge to decide.
In reaching an agreement, each party needs to be informed about what their rights are concerning marital property, custody, child support etc. Having this knowledge allows each party to better predict what would happen at trial and more easily reach an agreement.
When children are involved, any outcome of a divorce or custody case depends on what the best interest is of the children. There are various options available in terms of what evidence can be presented in court concerning the best interest principle. Oftentimes, there are home studies conducted in each of the parents homes to assist the judge in making this decision. In addition to that, witness testimony and other evidence can also be introduced.