Sunday, February 6, 2011

Steps for divorce

Deposition: During the legal depositions will by the opposing party witness on oath and any witnesses involved. Anything said during a deposition may be used in court should an agreement not be met and you end up in divorce court.

If you're lucky, this is what you get in the process. During mediation, both parties to the divorce and their meat of lawyers to discuss conflicts can have and try to reach an agreement that meets the needs of both. The "Ombudsman" is a court appointed attorney, normally and is there to negotiate an agreement between the parties.

If the mediation did not work and there are unresolved issues, which will set a trial date. During the trial period, both parties have the opportunity to support their case before a court. The judge will then examine all the evidence and make a decision based on what you feel would be an appropriate solution and outcome.

Once a court has made a decision the parties to the divorce will sign the final decree of divorce. The final decree stating who gets what, all orders relating to childcare, the amounts of child support and each spouse who is ordered, and any other matters pertinent to the dissolution of the marriage.

If you feel that the orders of courts are unfair you then may submit a motion to appeal the order and request a new hearing. This motion is filed with the Court that implement orders and judges are not many are going to set aside their orders. Should not be surprised when the judge denied the motion. When the Court rejects the proposal, you file an appeal in the Court of appeal of the State.

Marriages of short duration, where there are no children or to divide marital assets will see their way through the process pretty quickly. If you have children and have accumulated assets during the marriage you shouldn't be surprised when the divorce seems to turn into a long drawn out and sometimes frustrating process. Be patient, because the family court system is working to try and protect the interests of all parties involved in a divorce action.


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