Divorce Law is both simple and complex
There are many paths you may choose to get a divorce. You may choose to mediate and resolve your issues before filing a complaint for divorce. You may choose to pursue a collaborative divorce. You may choose to file a traditional divorce case. If you file a divorce case, a qualified divorce attorney will be there to guide you through the six primary steps:
- You file a formal complaint or petition for divorce in the Superior Court.
- Temporary orders are created to address things that need to be handled immediately, like who will continue paying the bills and who will get temporary custody of the children.
- Each side conducts “discovery,” where both parties must share essential information pertaining to the case with the other side.
- The judge may require the couple to attempt arbitration, mediation, or negotiation in an attempt to have them come to a mutual agreement without actually having to go to court.
- The trial itself.
- If a grave error was committed by the judge at trial which must be corrected, you may be able to file an appeal.
Those steps are a divorce in a nutshell but they don’t begin to cover all of the complexities contained in even a simple divorce. For example:
- Issues of child custody and child support must be addressed. If a couple is unable to decide who gets custody of the children then a court must decide those issues. This is one of the biggest areas of conflict in any divorce. If you are considering a contested divorce and you have children, you need to contact an experienced divorce attorney as soon as possible. An experienced divorce attorney can help protect your rights and make sure that any decisions you make are in the best interests of your children.
- Alimony payments are also a major area of conflict in divorce. Alimony is intended to be a way for the spouse with the most earning potential to help the other spouse get back on their feet. Instead, some people see it as a punishment and fight hard to keep from making payments.
- If you and your spouse happen to be in business together then that may make your divorce even more complex.