When a couple decides to end their marriage, it will be necessary to jump through many hoops in order to get divorced. While this article cannot cover every aspect of the legal process, it can provide a general overview of what will be required in most cases.
The legal process begins with the filing of an initial document known as a Petition for Divorce or some other similar document. This must be filed in the family or divorce court in your county, and it will usually include a Summons that must be served to your spouse. Once he or she has received these papers, he or she must file a response to the Petition, which may admit or deny the factual allegations in the petition or contain a “wish list” of desired outcomes for various issues in the case such as property division, child custody, and support.
During the divorce or separation process, parties often struggle to agree on certain points such as how to divide up marital property or whether to keep a business. In such cases, the parties are encouraged to attend mediation sessions with a neutral third party in order to attempt to resolve these issues. If the parties can reach an agreement, their attorneys will draft a settlement and submit it to the judge for review. If the judge approves the settlement, it will be entered as an order granting divorce or a legal separation.
If the parties are unable to agree, the matter will proceed to trial. In a common law adversarial system, trials are typically oral hearings during which the disputing parties (or their lawyers) present all of the information they have regarding disputed facts and make their arguments about how the case should be resolved. At the conclusion of a trial, the judge will either issue a judgment immediately or reserve it for later. The judge will enter a final judgment ending the marriage, which will specify details about how the marital property is divided, how custody of children should be handled, and any spousal or child support owed.
The legal field of family law covers all matters involving a married or unmarried person’s domestic relationship. This includes issues like divorce and property division, legal decision-making, parenting time/visitation, child support, alimony, and domestic violence. As a result, it is a broad and diverse area of law that impacts many different people at one point in their lives. This is why it is so important to obtain the help of a skilled Dade County family attorneys to assist in any family law matter. If you have questions about the process of resolving a family law matter, contact us to speak with an experienced divorce attorney in Miami . The consultation is complimentary and completely confidential. We look forward to hearing from you.