The Significance of a Divorce Law Lawyer in Divorce

By: L. Steven Sanders

Divorce lawyers deal with contested divorces commonly. The longer a couple has been married the more challenges there are to cope with. In the event that two people can’t agree entirely the court will take control. Ordinary challenges are equitable division of assets, custody of the child, and visitation. Whenever a case goes to court, it makes the process longer. The court is obligated to hear both parties arguments and deliver a judgment. Now and then the parties may be helped by a mediator to try to resolve their issues without going to court.

The very first few briefings held with a family law attorney are an evaluation to find out about the major issues to be established in the divorce. They will ask for any paperwork applicable to marital properties and other essential aspects such as children. After collecting all the necessary information, they will review it and pinpoint what is reasonable. This material is used to fill out 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 required just before the divorce petition is filed and presented to the spouse. All of the details, court papers and other needed items are assembled by the divorce attorneys for both parties. Settlement papers could be drafted numerous times until a resolution is reached. If both parties can not come to a settlement, the court takes control and trial proceedings start.

The divorce trial operates much like any other sort of trial. Every party is permitted their own witnesses which will be cross-examined by the opposing party’s attorney. Then closing arguments will be delivered and the judge will decide. Once the order is actually signed by the presiding judge, either party has thirty days to file for a trial motion awarding relief of the judgment. If the trial motion is denied, an appeal can then be submitted to the appellate court within thirty days of the denial.

Every step involved in a contested divorce is complicated and can be very time consuming. In cases where a trial is necessary, the amount of time increases drastically and there is no way to know exactly how long it will take. The benefit of a court trial is the ability to be granted restraining orders if there is fear of being harmed. Undoubtedly the biggest disadvantage is that both parties can wind up financially exhausted.

A family lawyer can be quite an advantage when a divorce is contested. If two parties can not reach an agreement to settle in a divorce, the process can be very lengthy and expensive. Before the divorce goes to trial, a petition is required to be given to the spouse and answered to within thirty days. Both family lawyers obtain all information they desire to build a case and then make an attempt to deliver an agreeable settlement. If one cannot be gotten to, the case is heard before a judge for a final resolution. The decision may be appealed by either party within thirty days.

While conducting the research for this article, I learned a lot about family law attorneys and how to choose a great divorce lawyer at DivorceLawyersofAtlanta.com.