If you're going through a divorce, you may be dreading the thought of having to go to court. Understandably, the whole process can be very stressful. But it doesn't have to be as bad as you think. As much as possible, try to keep your cool and be prepared.
In this article, we'll tell you everything you need to know about what can you expect from a divorce court. By the time you're done reading, you'll be ready to take on anything the divorce court throws your way! Contact our experienced divorce lawyer Jeanne M. Wilson today!
What is Divorce Court?
Generally, divorce is the process of ending a marriage. It can be an extremely emotional time for both parties involved, as well as any children. The divorce process can also be complex with so much paperwork to fill out and submit.
Divorce court is a legal proceeding in which a judge hears and decides on issues relating to divorce. This can include things like child custody, alimony, and property division.
It is reported by the National Center for Health Statistics that the number of divorces in the United States is around 630,505. This number is based on 45 reporting States and D.C. This demonstrates that unfortunately, divorce is not an uncommon process that people go through.
Divorce court is usually only necessary if the divorcing couple cannot come to an agreement on these matters on their own.
If they can reach a settlement, they will not need to go to court. In the settlement conference, a family law attorney could help examine settlement possibilities to determine what is fair for both parties.
However, even if a couple does not need to go to court, they may still choose to do so in order to have a judge make a decision on their behalf. This can be helpful if the couple is having difficulty communicating or if they want to avoid agreement through divorce mediation.
Types of Divorce
This is usually the first question people ask when they find out their spouse has filed a divorce petition: "What type of divorce do I have?"
There are two types of divorce:
Uncontested Divorce
In a Colorado Springs uncontested divorce, both parties agree on all critical issues related to the divorce, including child custody, property division, financial issues, and alimony.
If the couple is able to reach an agreement, they can file for an uncontested divorce. An uncontested divorce is usually quicker and cheaper than a contested divorce because it does not require a divorce trial.
To file for an uncontested divorce, the couple must submit a Joint Petition to the court. This is a document that states that the couple agrees on all aspects of the divorce.
During the uncontested divorce hearing, if the couple has children, they must also submit a parenting plan to the court. This plan will outline how the couple will co-parent their children after the divorce.
Contested Divorce Cases
A contested divorce is a divorce in which the parties cannot agree on one or more issues related to the divorce, such as child custody, property division, or alimony.
If the couple is unable to reach an agreement, they will need to go to trial, and a judge will make a decision on these disputed issues. A contested divorce can be very costly and time-consuming, as it requires a divorce trial.
FAQ: Why is a Military Divorce different from a civilian divorce?
To start a contested divorce, one spouse must file a Complaint for Divorce with the court. The other spouse will then have the opportunity to file a Response to the Complaint. If the couple has children, the court will also require them to submit a parenting plan.
If the couple does not have children, they may still be required to submit a financial affidavit to the court. This document outlines the couple's finances and is used to help the court make a decision on issues such as alimony and property division.
The Divorce Hearing Proper
A divorce hearing is a court proceeding in which a judge hears and decides on issues relating to the divorce.
At the hearing, both parties will have the opportunity to present evidence and formal testimony. The parties would present legal arguments, call expert witnesses (if need be), and give a closing argument.
Then, the judge will then make a decision on the disputed issues. If the couple has children, the judge may also, in the decision-making process address child custody and visitation.
Both parties must be present at the hearing, and lawyers may represent them. If one party does not have a lawyer, the court may appoint a lawyer for them.
After the hearing, the judge will issue a divorce decree, which is a legal document that outlines the terms of the divorce. It's one of the legal issues that finalize a divorce.
Main Issues at the Divorce Hearing?
Divorce is a legal process that ends a marriage. Couples who are going through a divorce will need to make decisions on issues such as child custody, property division, and alimony. A
The following are some of the issues that may be addressed at a divorce hearing:
Child Custody:
The court will decide which parent the child will live with and how much time the child will spend with each parent. Most times, as a definite custody issue, the court will award joint custody, which means that the child will live with both parents. Our child custody lawyer in Colorado Springs will be able to answer any questions you may have!
Property Division:
The court will decide how to divide the couple's property, such as the family home, cars, and furniture. Considerations for property division include each person's financial needs and the couple's standard of living. For more information, speak with a skilled property division lawyer!
Spousal Support:
The court may award alimony, which is financial support, to one spouse. Alimony is typically awarded to a spouse who has a lower income or who was financially dependent on the other spouse during the marriage. Jeanne Wilson, an experienced spousal support attorney in Colorado Springs, is here to help!
Child Support:
The court may order the non-custodial parent to pay child support, which is financial support for the child. Child support issue is typically based on the non-custodial parent's income and the number of children. Check out our Colorado Springs child support page for more information.
Your Divorce Hearing and Your Attorney
If you are going through a divorce, you may be wondering what to expect in a divorce hearing. The following is some information that you may find helpful and what an experienced divorce attorney can do for you.
- Your attorney will help you prepare for your divorce hearing. They will help you gather evidence and witnesses, and they will also help you prepare your testimony.
- Your attorney will represent you in court and will advocate on your behalf.
- Your attorney will cross-examine the other party's witnesses and will also present evidence on your behalf.
- The judge will make a decision on the disputed issues after hearing both sides of the case.
- After the hearing, your attorney will help you understand the judge's decision and will explain what options you have.
What Happens After a Divorce Hearing?
After a divorce hearing, the judge will issue a divorce decree. This document is a legal document that outlines the terms of the divorce. The divorce decree will address issues such as child temporary custody, property division, and alimony.
FAQ: How can you get primary custody of children during a divorce?
Once the divorce decree is issued, it is final. However, if either party disagrees with the terms of the divorce, they can appeal the decision. Furthermore, if either party does not comply with the terms of the divorce, they can be held in contempt of court.
What Happens if One Party Does Not Agree with the Judge's Decision?
If one party does not agree with the judge's decision, they have the right to appeal. An appeal is a legal process in which a higher court reviews the lower court's decision.
To appeal the judge's decision, the party must file a notice of appeal with the court. The notice must be filed within a certain amount of time, which is typically 30 days.
The appellate court will then review the case and make a decision on whether to uphold or reverse the lower court's decision. Appealing a divorce decision can be a lengthy and expensive process. It is important to speak with a lawyer before deciding to appeal a judge's decision.
Frequently Asked Questions About the Divorce Process
How do I file for divorce?
As a major step, you must first file a petition for divorce with the court. The petition must be served on the other party, and the other party must then file a response. Your lawyer can help you with this process.
How long does a divorce take?
The time estimate it takes to get a divorce varies depending on the circumstances of each case. Generally, it takes several months to finalize a divorce depending on if there are lengthy issues to be decided.
How much does a divorce cost?
The cost of divorce also varies depending on the circumstances of each case. Generally, the cost of a divorce is several thousand dollars.
How do I know if I need a divorce lawyer?
If you are going through a divorce, it is advisable to have an experienced divorce lawyer by your side. A lawyer can help you navigate the divorce process and protect your rights.
What are the grounds for divorce in my state?
The grounds for divorce vary from state to state. In some states, the only ground for divorce is irreconcilable differences. In other states, there are grounds for the majority of divorces such as adultery during a marriage or abandonment. It is important to speak with a lawyer to find out the grounds for divorce in your state.
Need Help Filing Divorce? Call Jeanne Wilson Today!
Quite often, divorce hearings are contentious and emotional. While it is impossible to predict exactly what will happen, it is important to be prepared. If you are going through a divorce, make sure to have an experienced attorney by your side who can help you through the process.
With this, you can rest assured knowing that you have someone on your side who is fighting for your best interests. That's what you get at The Law Office of Jeanne M. Wilson & Associates. Our divorce attorneys understand the ins and outs of divorce law, and we will make sure that you are taken care of every step of the way. Call us today at (719) 625-8886.
