Family law.

Our family law practice assists individuals in a variety of areas, including prenuptial agreements, postnuptial agreements, child custody, child support, Divorce Cases, guardianships, grandparents' rights, and Modifications of previous judgments.

In order to be better informed about how a Divorce Case proceeds, a client should know how the process as a whole is supposed to work. The following is an overview:

Starting a Divorce or Family Law Case:

A divorce begins by filing a Complaint. Your attorney will discuss the grounds for divorce, typically irretrievable breakdown or cruel treatment. The chosen grounds may affect the divorce timeline.

Once filed, the Court issues a Summons to be served to your spouse. This can be arranged by attorneys or through voluntary acceptance by your spouse.

If your spouse files first, we'll respond with an Answer and possibly a Counterclaim for divorce.

Pretrial Motions:

Motions are requests to the Court, often in writing, for relief. Examples include motions for temporary support, custody, attorney fees, or restraining orders. The client usually attends hearings related to custody or finances.

Court orders resulting from pretrial motions are temporary until the final hearing.

Discovery:

This process uncovers facts relevant to the case before trial. It involves financial and non-financial information and may vary in duration due to factors like issue complexity or obtaining information.

Clients often ask how long discovery takes, but it's hard to predict due to various factors and legal timeframes.

Probate Court Financial Statements:

Before granting a divorce or financial orders, the Court requires completion of Financial Statements. These provide income, asset, and liability details, signed under penalty of perjury.

Completing these requires reviewing personal records like cancelled checks, tax returns, and bills. Accuracy is crucial.

Court Decisions in Divorce and Family Law Cases:

Negotiated settlements become written Separation Agreements reviewed by the Court for fairness. If no agreement is reached, the case proceeds to trial, where the Court decides matters like custody, support, and asset division based on statutory factors and case precedents.

Appealing a judge's decision is difficult due to judicial discretion and case-specific nuances.

Attorney Fees:

Clients receive a retainer agreement detailing billing rates and terms. Clients are ultimately responsible for fees, though the spouse may be asked to pay. The agreement should be reviewed carefully before signing.

Conclusion:

This information provides a general overview, but each case is unique. Clients should discuss specific questions with their attorney for personalized guidance, for more information please call (508) 897-0001.