What happens if you need to go to divorce court?

While an amicable divorce is the best approach there are times when couples are compelled to battle it out in court. There are several reasons why a couple could end up in court. One of the major reasons is when both partners cannot resolve issues related to alimony and child support or if a collaborative divorce doesn’t materialize.

There is an old disco song called The Heat is On which means that something is heating up and becoming exciting. If your marriage is the opposite of this song’s theme then it looks like you may need a divorce lawyer soon. You should know about this site. If your marriage is cold and growing colder, you need to be ready.

No Support!

A spouse may end up having to approach the court if he/she is physically or emotionally abused even if they have a supreme divorce lawyer. In some cases, a spouse may wish to bring to the court’s notice that they have not received court-ordered support from their spouse. Some may also approach the court to modify an existing court order after a judgment, if circumstances have changed.

No matter what the reason, divorce lawyers believe it is possible to make court appearances as smooth as possible. The objective is to learn the basics of motions and trials, the two types of legal actions that could get your case to court. For the most part, motions are made either prior to or after a trial where a spouse may wish to obtain a court order until the time of trial. In other cases, motions are made to either modify or enforce a court order already in effect.

The trial is the most important phase where there could be arguments and counter arguments by divorce attorneys on both sides. A trial could last anywhere from an hour to several months or more depending on various factors. The judge will decide on issues that may not have been resolved during the trial.

No one wants to go through emotional pain. No one wants a divorce on their record. It will be a personal stigma that never goes away. But even worse than this is being in a marriage that does not work and living with someone you cannot get along with and who has different interests and beliefs than you. https://usattorneys.com/ can be your savior. You need a divorce lawyer and this website can be that positive force in your life that unites you with the legal help that you need. 

Reasons for Pretrial Motions

Pretrial motions are held if a divorcing couple does not agree on some issues and a temporary resolution is necessary until the trial is held. This could be to resolve issues such as the amount of child support or alimony pending the trial or which spouse has the right to remain in the family home or control how the sale and proceeds from the house should be handled.

Other issues that may necessitate a pretrial motion include child custody to decide how the children should divide time between the parents, and other related issues. At a pretrial motion you will be required to explain to the judge why you either require or oppose a pretrial order.

Uncontested and Contested Divorce Trials

There are two types of trials, uncontested and contested. The former is obviously when both spouses reach an agreement on all issues related to the divorce while contested divorce trials are held when spouses disagree on some or all of the issues.

A trial in an uncontested divorce is relatively simple where some states allow it to be handled by mail while others may have specific rules. In most cases, the filing spouse will state a reason such as ‘irreconcilable differences’, which is sufficient to be granted a divorce in some states. It is too bad people rush into a marriage but it does happen.

Contested divorce trials are more complicated since it often involves not only complying with state laws but also providing evidence based on what the spouses disagree on. Your divorce lawyer will work with you on this. The court will schedule a settlement conference to be held before a judge or mediator. Dates for contested trials are allocated a month in advance. The time between filing and the trial can vary from 3 months to even a year or more depending on the backlog of cases.