Where is divorce court
They found a replacement, Judge Faith. She is good looking, she is smart, she is capable, and I think she will take Divorce Court to another level. Daytime staple Divorce Court has aired from to , from to and currently, since Sonja Solomun serves as Executive in Charge. New things! All Rights reserved. If you meet the criteria above and you and your partner have decided that divorce is the best option, you can follow these easy steps to ensure the process runs as smoothly as possible:.
You may be concerned about custody of your children or your property. So, if you are considering a divorce, get help from a lawyer who specialises in divorce or a clerk at a High Court in your area. There are many rules on divorce. Your marriage agreement may influence your divorce process. For instance, if you're married in community of property, your shared property will be divided equally between you and your partner.
When you apply for a divorce, you will need to get a summons, a document that orders you to be at court.
There may also be a divorce settlement attached to the summons. Uncontested divorces are easier because both parties agree to the divorce and the divorce settlement. DIY Divorce You can get a divorce on your own. There are many law firms that offer online services that can help you get a divorce. At the beginning of the case, each side will conduct discovery, so as to "discover" all the facts of the case.
You may have to answer written questions under oath, within set deadlines. You may receive requests to either admit or deny various statements, also under oath. You may also have to respond to a request to produce documents, such as paystubs, tax returns, retirement statements, account information, mortgage information, your credit card receipts and statements, copies of your check registers and bank statements, notebooks and diaries, and maybe even a copy of your computer hard drive.
You may be deposed to answer questions under oath. Subpoenas may also be issued summoning your friends, family, paramour, paramour's spouse, coworkers, neighbors, and acquaintances to your spouse's attorney's office, to answer questions under oath before a court reporter.
Your final trial date may be set early on in the case, or may be set later on. That final hearing date could be six, eight, or ten months from the date the case is filed, when the court has an unscheduled day or two free on the docket.
Once you get a trail date, your attorney will try to change it if you or the attorney has a conflict. Prior to that, you may have a short hearing on a motion for temporary relief, seeking an order granting either of you temporary custody, visitation, child support, spousal support, or a restraint to keep things calm until your divorce is decided.
You may also have other hearings on other motions prior to trial. You may have a separate custody hearing, at some point between the initial filing of the case, and the date of the final hearing. Although your trial date is six months or more away, you and your attorney hardly have enough time to do discovery, analyze all the documents and deposition transcripts, line up expert witnesses, get property appraised, do a business valuation if applicable , and analyze all the numbers regarding separate and marital shares of all the finances.
Witnesses who have seen, heard, or otherwise perceived things — like you and your spouse — are called "lay" witnesses.
You may testify about facts, but not opinions. Only "expert" witnesses can render opinions. If you want to value a house, a business, or certain other assets, or if you want to talk about someone's mental or physical health, point out that someone could be earning more money, or testify that the children would be better off living with you rather than your spouse, you will usually have to hire an expert.
Your spouse may well do the same. Your local court may set a pretrial conference, at which you will let the court know how long you expect the trial to take, which issues remain to be decided, and so on.
Counsel may enter into stipulations, or agreements, as to some issues. The court may also decide certain pretrial motions, such as whether certain evidence will or won't be admitted at trial. The court may order you and your spouse to attend a settlement conference, often with a retired judge, to try to get you to work out your differences. You may both be required to attend a parenting class. There will be a date by which you must each name the witnesses who will testify, disclose what your experts will say, and identify every document you intend to introduce into evidence at trial.
Before trial, you will also have a deadline to object to any evidence the other side proposes to submit. All of the witnesses must be prepared. Your witnesses should know what they will be asked, and your attorney will need to know how they will answer. The witnesses should also be told about the process: how to talk, how to dress, what to say, and what need not be said. However, your attorney will take care in imparting this information.
Your ex's lawyer can ask what witnesses discussed with your lawyer, and it won't help your case if your witnesses were coached or told what to say.
Your testimony must be prepared. For every request you will make of the judge for child support or alimony, for example , the judge must consider certain factors. Those factors are all listed in the state law books. Remember though that you and your spouse cannot use the same attorney—you should each have your own lawyers review the agreement on your behalf. Mediation is a popular method of ADR. Mediators are trained professionals typically lawyers or child custody experts who assist the spouses in working out their differences.
The couple will provide the mediator with information and documents such as tax returns in advance and meet with the mediator as often as necessary to reach a settlement. The goal is to reduce the settlement terms to a written agreement.
Mediation is ordinarily much less stressful than a contested divorce. Sessions are relatively informal and often take place in the mediator's office. And although the couple can have attorneys with them, it's not required, which adds to the cost-effectiveness of the mediation process. In fact, having attorneys present can at times be counterproductive, particularly if an attorney is combative. You will have to pay the mediator , but that cost is usually shared.
Collaborative divorce is another form of ADR. It's similar to mediation in that the goal is to reach a settlement, but it's structured differently. Collaborative divorce doesn't involve a mediator or other intermediary. Rather, the spouses each have an attorney, and participate in "four-way" sessions with that goal of reaching an agreement.
Attorneys who practice collaborative law often have special training in this area. And to ensure that they keep their focus on settlement, the law in most—if not all—states won't permit them to represent the spouses in future court proceedings, should the negotiations fail.
Collaborative law is grounded in a "team" approach. All participants are obligated to work together to reach an agreement.
0コメント