Understanding The Divorce And Custody Process
If you are married but have decided to get divorced, you may wonder what steps await before you can call yourself single again. Divorce can be a long, drawn-out process, depending on how many differences there are in what each party hopes to obtain. Here is a summary of the order of events you will need to partake in before the judge signs the paperwork saying you are officially not married anymore.
Hiring A Divorce Lawyer
The first thing to do when deciding to get divorced would be hire a divorce lawyer. If you receive paperwork that your spouse has hired a lawyer, you will need to do the same if you want proper representation. You do not have the upper-hand by filing first. Both parties will have a fair chance at property division or child custody matters.
Hiring a divorce lawyer will ensure that you are not missing out on something that you are entitled to when going through the divorce process. Even if the parties are in agreement about most issues about the divorce, it is best to have a lawyer to make sure the paperwork is filed correctly.
Property Division
When speaking to your lawyer, you will be able to propose what you feel is fair regarding the division of the property. The lawyer will draw up paperwork and send it to your spouse's lawyer for review. The same process happens if your spouse draws up the paperwork first. The proposal would go to your lawyer for review.
You would have the chance to agree with or make changes to the paperwork several times in order to come to an agreement both parties can live with. If one party does not budge, the property division would be done in a courtroom setting with a judge deciding the fate of the items.
Going To Mediation
If children are involved, you will most likely be asked to go to a mediation session in order to set up a temporary custody arrangement while proceedings are in limbo. Unless one spouse is deemed unsafe to be around the children, it is unfair for one party to have sole custody during the divorcing process.
A mediator will be available to speak with about what you and your spouse would like in place for custody before a court hearing takes place. Often, this arrangement will stay in place after the divorce is finalized, so be sure you are in total agreement with what is being offered.
Going To Court
If you need to go to court because neither party will give in to the arrangement proposed by the other, you will need to get on the stand in front of the judge and propose why you are entitled to what you are asking for. The judge will make a decision on who is to get what and will make another court date for custody issues, if applicable.
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