The Role of a Family Law Attorney in a Contested Divorce

Divorce is a common reality these days, and not just something that occasionally whispered about. More and more people are curious about a divorce and what it is the legal procedure. Some people want a divorce and others want to know just what their options are. Divorce is a legal process which allows two married persons to end their marriage agreement permanently and free them from all marital obligations. Judicial proceedings differ as to whether the divorce is disputed or not. A contested divorce is one where both parties are unable to agree on such issues as division or marital assets. Often, they go to court and need time and money. For more details click Family Law Attorney.

Divorce attorneys regularly deal with the divorces in dispute. The longer a couple has been married the more issues that need to be addressed. If two parties are unable to agree entirely the court must step in. Popular issues are wealth separation, child custody and child care. It will take longer each time a case goes to court. The court is obliged to listen to arguments from both parties and to determine a final solution. In some cases a mediator can assist the parties in trying to find common ground without going to court.

The first few meetings with a family law attorney are an interview to find out about the big divorce problems that need to be resolved. We are looking for some documentation that relates to marital assets and other important factors including babies. They will go over it after receiving all the information they need, and determine what is reasonable. This detail is used to file a petition for divorce that would be delivered to the partner. When they do not respond within thirty days, they are deemed in default and the divorce is granted automatically. The process of investigation starts before the petition for divorce is filed and forwarded to the spouse. The divorce lawyers collect all documents, paperwork and other necessary things for both parties. Settlement papers may be drawn up several times until a decision has been reached. If the sides are unable to reach a settlement, the court will take over, and litigation will continue.

The trial of divorce works just like every other form of court. Each side is allowed witnesses, and the counsel of the opposing party may be cross-examined. Then they will make the closing statements and the judge will make a decision. Once the presiding judge has signed the order, each party has thirty days to apply for a motion for a jury granting relief from the judgment. If the motion for the jury is rejected, then an appeal can be filed with the Court of Appeal within thirty days of the rejection.

All the steps involved in a disputed divorce are complicated, and can take a lot of time. The amount of time rises significantly when a trial is required and there’s no way to know exactly how long it will take. One benefit of a court trial is the ability to grant restraining orders if there is fear of harm. The only downside is that both sides will walk away drained financially.