divorce
separation
Even if a marriage is poor, it gives a certain structure and predictability to life that is upset by a divorce or separation. The psychological reality of ending a marital relationship is complicated by the fact that numerous financial and parenting problems, many of which seem overwhelming, often arise. Money that was previously devoted to maintaining one household will now have to be split between two households.
One or both of you may have to abruptly alter your standard of living or adjust your living patterns in order to meet your expenses. disputes concerning the allocation of funds are likely to arise. Finally, separation and divorce usually require an adjustment in social relationship as the breakup sends a shock wave through the couple’s network of family and friends. It is important to remind yourself that adjusting your life simultaneously to familial, financial, and social change requires a lot of energy, which is normal.
People turn to lawyers because they feel they need an expert who can protect their interests, who knows legal rules and procedures, and who can draft an enforceable settlement agreement and the other papers necessary for divorce.
procedure
There are different ways which can be used to resolve your family law issues, such as:
negotiating an agreement: where you and the other party have discussions to try to resolve your family law issues in a written agreement.
mediation: where you and the other party privately meet with a trained, neutral third party who tries to help you communicate to reach a voluntary agreement to resolve your family law issues. Unlike a lawyer or a judge, the mediator will not give legal advice or make any decisions for you.
collaborative family law: where you, the other party, and your lawyers agree not to go to court, and instead work together to cooperatively resolve your family law issues. if you can’t come to an agreement, you can still go to court.
arbitration: where you and the other party present your case to a neutral third party, who makes a final decision called a family arbitration award. You must both follow the final arbitration award, which can be enforced by the court.
going to court, where a judge makes final decisions about your family law issues.
court
If you and your spouse cannot agree on how to settle the issues between you, you can go to court and ask a judge to decide for you. Sometimes you can agree on everything except one thing, like custody of the children or what should happen to the family home. you can go to court and ask to have that one thing decided.
The first step in most family court cases is preparing, serving, and filing your pleadings. Thereafter, in most cases, the court will schedule a case conference or a settlement conference. These conferences provide opportunities for you and your spouse and/or your lawyers, if you are represented, to meet with a judge to discuss the issues in your case.
At a conference, usually, the judge will give his or her opinion on what a judge hearing your case at a trial would likely decide. The judge’s opinion will not decide the issues in your case. however, the judge’s decision may help you to come to an agreement with your spouse even if you do not agree on everything, you may be able to agree on some issues.
If you cannot resolve your matter with the assistance of a judge during one of the aforementioned conferences, you will be required to go to trial, where a final decision will be made by a judge on any issues in dispute.