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The Critical Role of a Divorce Lawyer in a Contested Divorce

Divorce lawyers contend with contested divorces repeatedly. Obviously the longer a couple was actually married the more troubles there are to manage. When two people can't agree fully the court will step in. Common issues are equitable division of assets, child custody, and visitation. Any time a case goes to court, it makes the process longer. The court is obligated to hear both parties justifications and reach a decision. Sometimes the parties may be aided by a mediator to try to reach common ground without going to court.
The initial few briefings held with a family law attorney are an examination to find out about the critical issues to be decided in the divorce. They ask for any paperwork applicable to marital possessions and other critical elements such as children. After acquiring all the necessary information, they will go over it and pinpoint what is reasonable. This information is used to submit the divorce petition to be given to the spouse. If the spouse does not respond in thirty days, they are branded to be in default and the divorce is immediately granted. The discovery phase is essential just before the divorce petition is filed and given to the spouse. All of the details, paperwork and other needed items are gathered by the divorce lawyers for both parties. Settlement papers may be drafted numerous times until a final decision is reached. In the event that both parties can not come to a settlement, the court takes over and trial proceedings start.
A typical divorce trial functions much like any other sort of trial. Every party is allowed their own witnesses which will be cross-examined by the opposing party's lawyer. Then closing arguments will be given and the judge will decide. Once the order is actually signed by the presiding judge, either party is given thirty days to file for a trial motion awarding relief of the judgment. In cases where the trial motion is denied, an appeal can then be filed to the appellate court within thirty days of the denial.
Every step involved in a contested divorce is complex and can be very time consuming. In cases where a trial is required, the amount of time will increase drastically and there is no way to know exactly how long it will take. One advantage of a court trial is the power to be granted restraining orders if there is fear of being harmed. Certainly the biggest disadvantage is that both parties can wind up financially exhausted.
A family law attorney is usually quite an asset when a divorce is contested. When two parties can not reach an agreement to make a deal in a divorce, the process usually is very lengthy and expensive. Before the divorce goes to trial, a petition must always be provided to the spouse and answered to within thirty days. Both family law attorneys acquire all information they desire to build a case and then attempt to deliver an agreeable resolution. If one cannot be gotten to, the case goes before a judge for a final decision. This decision could be appealed by either party within thirty days.
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