A family attorney helps individuals preparing for a divorce. Local laws apply to divorce cases and outline all necessary terms that must appear in the divorce agreement. Couples who can reach an agreement could avoid months of proceedings and get the divorce finalized quickly. By reviewing details about the cases, the petitioners can get started and make the divorce as painless as possible.
Is Your Divorce Contested or Uncontested?
The first objective for a family attorney is to determine if the divorce case will be contested. If both parties have agreed to the divorce and the division of their lives, the divorce could be uncontested.
An uncontested divorce won’t require a lot of negotiations and won’t go to trial. If either party is fighting the divorce, the process could take up to two years to complete. When starting the case, the couple doesn’t have to agree on everything, but both parties should agree to get a divorce. Petitioners who want to get started are encouraged to contact Khonsari Law Group right now.
Why Are You Seeking a Divorce?
The reason for the divorce could introduce additional requirements. If a petitioner is filing for a divorce based on adultery, there must be proof. The court accepts photographs, transcripts of emails or text messages, and video footage.
An individual who believes their spouse is cheating has the right to hire a private investigator to obtain proof. Typically, if the plaintiff stands to gain more out of the settlement, the grounds are necessary and must be proven. For example, if there is a prenuptial agreement, the terms related to infidelity define alternative awards for each party.
Can You and Your Spouse Form An Agreement?
If the parties can forge an agreement, the divorce proceeds faster. If the parties cannot agree to the terms, their attorneys can negotiate to get a fair settlement and an amicable divorce. If the parties cannot reach an agreement outside of court, the attorney schedules a divorce trial. A divorce trial can last up to two years, and the judge defines how the marital assets are divided.
What Marital Assets Do You Have?
When creating an agreement in a divorce case, both parties must list all marital assets and community property. The discovery process is completed to find any hidden assets or bank accounts. The court requires discovery when a divorce case goes to trial to uncover all assets and prevent either party from hiding assets. Both parties have a legal right to half of all marital assets or at least an equal share based on value.
Do You Have Children?
If the couple has children, a child custody agreement must be created, and parenting time must be established. If the couple can agree to a plan on their own, the court will accept the arrangement. However, many couples fight about child custody and support in divorce cases. If the parents cannot agree, a judge could make the decision and set up a plan for the parents.
In a divorce case, the law outlines certain requirements related to marital property, spousal support, debts, taxes, and child custody. A couple who has agreed to get a divorce must create a divorce agreement that manages these requirements. If a couple cannot agree to the terms, a divorce trial and possibly a child custody hearing are scheduled.