What Are The Top Misconceptions People Have About The Divorce Process?
The most common misconception people have about divorce is that the divorce is always going to be contested. During the course of the proceeding, the parties have a lot of opportunities to settle their case and enter into an agreement with one another. Once the parties have entered into a settlement agreement, a final judgment would be entered and the parties would not have to go to Court or before the Judge. A lot of people believe that we are filing a contested divorce, that they are going to have to go in front of a judge, and that there is going to be a trial. In reality, about 80% of cases reach an agreement and the parties don’t have to go to trial.
What are The Most Important Things I Should Be Looking For In A Divorce Attorney?
In choosing a divorce attorney, the most important thing to look for is experience and preparation of the client for Court. In divorces, there may be secondary issues related to businesses, real property, criminal matters or domestic violence injunctions. A lot of times, people have other civil and domestic matters that may need to be resolved before the divorce is final. It’s important to see what kind of experience an attorney may have in other areas of the law that may affect your divorce. I have a lot of experience dealing with complicated cases and involve civil litigation and domestic violence issues. In addition, it is important that the attorney is familiar with the Judges and Magistrates. I pay particular attention to the Judge assigned to a case as it will often determine what you can expect in Court. I prepare my client and posture the case for the particular judge to try to advantage my client in obtaining the most favorable outcome.
Are There Any Advantages Or Disadvantages To Filing For Divorce Before Your Spouse?
If you believe that your spouse is going to remove, hide, dissipate or remove assets, it might be advantages to file first. Once the case is filed, a standing order is entered which precludes the parties from removing, hiding, encumbering or dissipating assets. The Order can be used for injunctive and contemptuous purposes to ensure that the assets are present for equitable distribution. Attorney fees may be awarded to the prevailing party.
Does Initiating A Divorce Have An Impact On Child Custody Or Support Matters?
Initiating a divorce does not have an impact on custody or child support matters. However, if there are custody or child support matters that need to be addressed, it’s important to file it as quickly as possible, so that the issue can be presented to the judge and resolved as quickly as possible.
Does Initiating a Divorce Impact Spousal Support Or Alimony Issues?
Initiating a divorce does not have an impact on support matters. If you need alimony or support, it’s important to file the proceeding as quickly as possible. Often times I file a Motion for Temporary Relief with the Petition so that the matter will be heard and resolved as quickly as possible.
What Options Does A Couple Have In Proceeding With A Divorce?
In a divorce proceeding, the parties always have the option to enter into an agreement. During a divorce proceeding, after the financial affidavits and the mandatory disclosures are filed, the parties can enter into an agreement. If the parties enter into an agreement, a final judgment is entered and then the case is closed. If the parties can’t agree initially, they are required to attend a mediation. At mediation, several things can happen.
- The parties can agree to all issues related to their divorce proceeding and if so, a final judgment will be entered.
- The parties can enter into a partial agreement and the remaining issues may be presented in front of a judge.
- The parties will enter into no agreement and the remaining issues would-be set-in front of a judge.
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