Divorce cases involve issues including: child custody, domestic violence restraining orders, child support, spousal support, distribution of property, assets and debts, your life savings, pension, and valuation of property. The stakes and emotions to a divorce are the highest and often most stressful in their lives. It is a transition in life that requires a close attention to details and calculated decision making. Having a compassionate advocate to assist you can make these decision is essential. Kyle R. Puro understands the dynamics and stresses that divorce can put on a family and strives for his clients to receive compassionate quality legal representation.
Divorce is a process that you need to understand before embarking. Understanding the process can help you make informed decisions. By consulting with an attorney, you can determine what the critical issues are in your case and your legal rights. Once you are aware of your rights, you need to understand how to get your case finished and move on with your life. Having a plan and executing that plan like all things in life is advisable in a divorce case.
It takes a minimum of six months to become divorce. Sometimes cases last years. In summary, a party files for divorce, the other party responds, temporary orders may be issued until the time that a final judgment is issued from a trial or agreement. From the time that divorce is filed until a final judgment is entered you can expect to deal with issues like discovery, motion hearings called Request for Orders (RFO), settlement conferences, and valuation issues with experts. Getting to the finish of your divorce depends on the facts and legal issues.
The first step in a divorce is to file documents with the court requesting a divorce. The second step after properly filing for divorce is to put your spouse on notice that with the court papers requesting the divorce. This requires someone over 18 years old, not a party to the action, to personally serve your spouse with the appropriately filed court documents. You cannot serve court documents on your spouse. Once properly served, a proof of service will need to be filed with the court to indicate that your spouse was put on notice of the divorce case.
Married couples stand in the position as fiduciaries. Just like a board of director owes a duty to the corporation’s shareholders regarding company finances you owe a duty to your spouse about marital finances. Meaning you must disclose of your assets, debts, and income. You must put them on full notice of your financial situation. Failure to disclose assets or income may result in your complete forfeiture of that asset. Making sure that your financial disclosures are correct is very important.
Once you have filed for divorce, properly served your spouse, disclosed all of your income and expenses and schedule of assets and debts only three ways exist to finalize your divorce. The first is by default. This occurs when your spouse does not respond to your petition or file any paperwork with the court in a timely manner. By filing a default judgment, you can avoid court and all of the litigation associated with it. This is the cheapest and easiest way to get divorced, but it requires a level of cooperation from your spouse.
If your spouse responds to the divorce case, then only two ways exist to finalize your divorce. The first is to go to trial and have a judge distribute your assets, debts, property, and make orders for child custody, child support, and spousal support. Going to trial is an expensive and stressful process.
The last way to finalize your divorce is to come to a stipulated judgment. This means coming to an agreement about all issues in your case and writing them up in a judgment and submitting that the court. Court’s heavily prefer settlement of cases. However, you must balance your legal rights, the costs of the litigation, and likelihood of success to determine if settlement if ultimately right for you.
During the time that a divorce case is filed until a final judgment is entered, a party may make requests for temporary orders. These orders may include child custody, support, or control over certain assets. To obtain temporary orders before your divorce is finalized, it requires filing a motion called a Request for Order (RFO). Your RFO must put the other side on notice of the issues you are requesting be temporarily resolved and give them the opportunity to properly respond in writing. Filing an RFO is a decision best made after consultation with a lawyer. Kyle R. Puro understands these tough decisions and strives for his clients to make informed decisions about their case.