No one ever goes into a marriage expecting it to end in divorce. But, as we all know, sometimes things happen that lead couples to this difficult decision. If you find yourself in this situation, you may be wondering what the next steps are. This blog post will provide an overview of what to expect from marriage separation litigation and how you can navigate it effectively.
The first thing to understand is that litigation is a process, not an event. It can take months or even years to resolve all the issues in a divorce case. The sooner you can reach an agreement on the major issues, the better. If you can’t agree, the court will have to decide for you.
The court will consider all the factors in your case and make a decision that is in the children’s best interests, that is if you have any children. They will also look at the financial situation of both parties and decide how to divide property and debts. The court may also make orders about child custody, visitation, and support to prevent future conflict.
If you want to be prepared, here are the steps you can expect in marriage separation litigation:
Hiring a lawyer
The first step in marriage separation litigation is hiring a lawyer. You’ll want to find a lawyer who has experience with these types of cases and who you feel comfortable working with. Once you’ve found a few potential candidates, schedule consultations so you can get to know them better and ask any questions you may have.
Filing for divorce
The next step is actually filing for divorce. Once again, your lawyer will be able to help you with this process. They will likely file a petition for divorce on your behalf and serve it to your spouse. Once your spouse has been served, they will have a certain amount of time to respond. During this time, you and your spouse will likely meet with your lawyers to discuss the terms.
Discovery
After the initial paperwork has been filed, the next stage is discovery. This is when both sides gather information about the other party that will be used during the divorce proceedings. This can include financial documents, communications between the parties, and anything else that may be relevant to the case. Sometimes, discovery can be performed informally, but in other cases, it may require formal requests or even subpoenas.
Negotiating a settlement
Once discovery is complete, the next step is negotiating a settlement. This is where both sides come together and try to agree on terms such as child custody, spousal support, and property division. The case will go to trial if an agreement can’t be reached.
In special instances, such as high net worth divorce cases, additional steps may need to be taken. This kind of separation involves more complex financial issues that must be addressed. Because of this, it’s even more critical to have an experienced lawyer on your side to guide you through the process.
Going to trial
During a trial, both sides will present their evidence and arguments to a judge or jury, who will then decide on the case. If your situation has escalated to this point, remember to stay calm and collected, even if things get heated. Otherwise, you could jeopardize your chances of winning.
One way to win your case is to appeal to the emotions of the court. You’ll need to show that you’re the best parent for your children or that your spouse doesn’t deserve half of the assets. It is okay to get emotional, but try to avoid making any statements that could be used against you later.
Enforcing the judgment
Once a judgment has been made, it’s important to make sure that it’s enforced. If one party doesn’t comply with the terms of the judgment, they may be held in contempt of court, which can result in penalties such as fines or jail time. You may need to hire a lawyer to help you file a contempt of court motion when this happens.
Finalizing the divorce
Once the previous steps have been completed and all judgments have been made, a judge will finalize the divorce. Although this may be a difficult moment depending on the results, it’s important to remember that it’s the end of the process, and you can finally move on with your life.
Divorce is never easy, but understanding what to expect from marriage separation litigation can help make it less daunting. If you’re going through a divorce, these are some steps you can expect to encounter during the litigation process. By working with an experienced lawyer, you can ensure that your rights are protected and that you have the best chance of reaching a favorable outcome.
