Divorce Guide

Divorce court hearing

Prior to the trial, there are numerous shorter court proceedings, called divorce court hearings, taking place. These hearings are held to resolve issue of where the children will stay prior to the results of the trial comes. These Hearings are also held to address legal issues arising during the course of trial preparation. If the petitioner takes the necessary steps to complete an action by mail, a court hearing is not required for all Divorces.

The Petition for Divorce

Divorce process starts with one party (the petitioner) serving a “Petition for Divorce” on the other (the respondent), depending upon the state laws where the divorce takes place. This petition highlights the reasons for the filing, which states that divorce because of specific fault or no-fault ground. Once the respondent gets the divorce petition, he or she has a limited time mentioned in the state laws to hire a lawyer respond. If there is no response, the divorce court assumes it as uncontested divorce. Any response includes request for temporary orders or custody rights while waiting for a divorce court hearing.

Orders Prior to the Final Hearing

Prior to attend the final divorce hearing, issues like alimony, visitation, child custody, child support, property division and debt payment before the required separation periods may be ordered temporarily. Other than this property such as vehicles or primary and secondary residences can also be determined at this time.

Discovery Periods

When you wait for the final divorce court hearing, you and your lawyer should also get evidence to prove your stand in the case. Statements of witnesses should be also gathered in addition to important papers and documents or police reports that serve to represent the other spouses character.

Alternatives to a Formal Court Hearing

Many states require the couple to attempt mediation or collaborative process, it is also known as “alternative dispute resolution,”. If the parties cannot agree or come to terms regarding the issues at hand, then a divorce court hearing will be scheduled.

Final Divorce Court Hearings

If issues still exist after attempting any alternative solution, a final divorce court hearing is scheduled to allow both the parties to argue on the case. All proof that should be gathered and necessary witnesses are called to testify, and the judge will make the final decisions regarding property and agreements with the available information. if there are other issues to be solved because of extensive marital property holdings and children involved, court hearing series are scheduled for handling each parties issue separately.

Once judge determines the arrangements, they will be highlighted in a final decree. The judge and both the spouses involved in the divorce sign the decree, which is then filed with the corresponding county government.

Uncontested Divorces and other Special Situations

If your divorce is a no-fault divorce or uncontested, your divorce court hearing will be more rather quick and painless. Witnesses are not required, and you can represent yourself without hiring a lawyer. If you are filing for uncontested divorce it will save your time and hearing will be done at lesser cost.

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