Divorce Lawyer

Are you involved in or thinking about becoming involved in a divorce proceeding? Below is a simple explanation on what a divorce lawyer does, steps in contacting a divorce lawyer and what steps to expect after petitioning for a divorce:

Divorce Lawyer

A divorce Lawyer Handles issues regarding the dissolving of a marriage.  These include all facets of marriage such as distribution of assets, spousal support and child custody. These issues all fall under the Family Law umbrella.

Steps in contacting a Divorce Lawyer:

Qualified lawyers handle multiple issues in regards to divorce. Your attorney may suggest alternative measures to divorce such as a trial separation. Your divorce lawyer will discuss options with you such as trial separation options, custody, visitation agreement options with you. Your divorce lawyer will go over the do’s and don’ts during the divorce process, as emotions are high during this process and it is crucial that your emotions stay neutral. This is the process of a divorce:

  • Legal Separation

Recognizing that a couple is no longer living in a marriage-like relationship, while still legally married.

  • Filing for Divorce

The process begins when your Attorney prepares a divorce petition. Legal requirements for the preparation of divorce petition vary from state to state. It must include specifics and claims regarding the parties, involved residences of both parties, children involved. The party filing for divorce is considered the “petitioner”. The spouse being served is considered to be the “respondant.”

If the couple is filling for divorce together they are both considered “co-petitioners.” The manner in which the papers are served vary from state-to-state. This may include the process server being hired, a sheriff serving the papers, or they can be served through registered mail. There are options available to ensure the respondent is served.

  • Contested Divorce

When one party disagrees with the terms of divorce which affects the divorce process.

  • Uncontested Divorce

When both parties agree on the certain terms and conditions in order to dissolve their marriage.

  • Divorce Mediation

Processes in which both parties meet with a professional mediator, who helps couples identify and resolve issues of the marriage when it comes to an end. A mediator can be an attorney, and they do provide legal advice. Participation in the mediation is voluntary and each party gets to decide on when they would like to stop the mediation. The end result goal is to be “fair.”

  • Divorce Decree

A document drawn up by the court to ensure each party involved in the divorce process adheres to the terms of the divorce. The divorce decree outlines agreements regarding alimony, property division, custody agreements, visitation, child support and any other agreements the couple has made.

  • Divorce Waiting Period

When both parties involved in the divorce proceedings wait for the mandatory time period to be over in order for the divorce to be finalized. Waiting period times vary from state to state, but on average can be about 6 months.

  • Post Divorce Modifications

Changes in the circumstances of either party can cause court order changes in the divorce agreement. Influences include, medical expenses, loss of employment, relocation, alcohol/drug abuse or unsuitable living situation of children.

On average, a divorce case can last about nine months. If both parties agree upon the formal arrangements made by the court and the couple settles, a divorce case can be over in about 6 weeks. If a case is tried it can usually take about a year and a half to complete. In some instances can take years if there are many unresolved issues. Divorce is a long, tedious, emotionally draining experience. Questions you should ask yourself to prepare for a formal divorce include:

1) Are both parties agreeing to divorce, or does one party still want to continue the relationship?

2) Are all the financial issues and other related assets understood by both spouses?

3) Are all the issues between the two parties being settled by mutual consent or are there hard feelings between the two members?

4) Are there children involved?