Divorce is essentially the end, formal ending of a civil marriage by formal court decree. If you’ve ever been through a divorce case, or are going through one, you know that divorce proceedings aren’t always smooth sailing. Often times, there are issues that haven’t been resolved, and even civil unions end in divorce after a certain amount of time. Here’s a look at how to handle a divorce case.
A divorce case is generally started in a local court. In these cases, a judge will issue a temporary ruling to determine if the couple is fit to proceed. If the judge decides that the couple should be tried as individuals, he or she will issue a divorce judgment. The plaintiff is then known as the plaintiff, and the defendant is known as the defendant. A court date will be scheduled for a hearing, at which time either party can appear and answer any questions that the judge has about their relationship, such as child support and alimony.
There are a variety of reasons why an individual may want to file for divorce. For example, perhaps one spouse doesn’t like the other enough, or perhaps one of them was abusive during the marriage. However, in order to have a good chance of prevailing in a divorce case, the plaintiff and defendant must hire an attorney. Hiring an attorney is not only important because of his or her qualifications and experience, but also because he or she will represent your best interests as well as the interests of the creditors and defendants. You will want to hire an attorney who is fair and understands your situation the best.
One of the most common ways to start a divorce case is by filing a statement of claim with the court. This is where you state the names of both parties, the names of their children, the names of their witnesses, the amount of alimony or child support to be paid, as well as other relevant information that will be used in coming up with a schedule and temporary orders. The party filing the statement of claim must pay a nominal filing fee and provide copies of documents supporting the claims.
In addition, in a divorce case, the parties may reach an agreement on parenting time and custody. Again, it is important for you to hire an attorney who can advise you on your rights under the current divorce laws, as well as your rights regarding future parenting time. As part of the parenting time agreement, it is possible that the parties share child custody; however, the mother or father may also request sole physical custody, full legal custody, or joint legal custody. If the parties agree on a schedule for parenting time, they should include a provision allowing the mother or father to exercise visitation or guardianship over the children.
There is also a possibility that the two spouses are not living under the same roof anymore because one spouse has remarried. If this is the case, both spouses must submit separation agreements to the court. The spouse who remains legally married must provide documentation that they have been living apart from the other spouse for six months or more and have been able to maintain their lifestyle with the assistance of employment. A judge will then consider the spouse who is living in the marital residence as the primary caregiver and will grant the child custody.