Divorce lawyer guides you through the steps of divorceIf you considering getting divorced from your spouse, do you exactly what you will have to go through before you both sign on the dotted line?  In most cases couples are so wrapped up in the emotional ups and downs, that they are very often unaware of the legal proceedings.  It is important that during this time both parties seek the professional assistance of a divorce lawyer.  The lawyer will give a clear step by step guide on the process and how to mentally prepare for each step.  Here is a brief overview of what you can expect:

A divorce may be granted if you and your spouse have been living separately for over a year, or if you can prove that the marriage broke down because of mental or physical abuse or adultery.

Letter of intent of divorceParties can choose a mediator to negotiate a separation agreement.  Alternatively one party retains a lawyer.  The divorce lawyer will draft a letter of intent of divorce and send it to the other party.  The letter also informs the other party to seek legal representation.

Step 1A financial statements that include income, expenses, assets and liabilities is drawn up.  A meeting between both parties and their lawyers are set up.  The purpose of the meeting is to is to negotiate a settle on a separation agreement.  The separation agreement is a legal document that sets out the terms and conditions of the separation.

Step 2If both parties cannot settle on a separation agreement, one party will sue for divorce.  The case gets filed for divorce with court and a date is set.  When the case is heard in court. The judge will make a ruling on the terms and conditions  for custody, support and property division.  A formal divorce petition of divorce is made.

Step 3Both parties attend a case conference before a judge.  The judge will make an effort to settle their legal matters and differences.  The judge might make suggestions for a settlement, recommend a mediator.  The judge will set a consequent settlement conference or a motion date.

Step 4On the motion date provisional arrangements will be made for support, custody and possible possession of the matrimonial home.  Orders established in the interim will remain until the trial.

Step 5Before the case goes to trial, a trial management conference will take place.  During the meeting a judge will attempt to resolve the outstanding matters and decide on which issues are to be scheduled for trial.  During the trial evidence and witnesses will be presented in court.  The judge will then decide on the outstanding issues and determine the costs.

This brief overview only serves as a guide and aims to inform spouses that are considering divorce what to expect.  Depending on the how complicated your case is, whether you have children and if you are married inside out outside community of property, it might end up being a lengthy and emotionally draining process.  Can you really see yourself going through all of this without the professional and legal back up of a divorce lawyer?

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