Once you have made the decision to end your marriage, you probably want to complete the divorce process as quickly as possible. Unfortunately, many people have unrealistic expectations when it comes to divorce timetables.
Divorces are legal proceedings that require attention to detail and must follow a prescribed course of action in order to be valid. Understanding the divorce process will allow you to better understand why a divorce decree might take some time to acquire.
Divorce proceedings start with discovery.
Before a marriage can be dissolved, the spouses must provide documentation that will help the court determine the best way to distribute the assets and debts collected during the marriage.
Tax returns, bank statements, pay stubs, and other documents pertaining to the financial resources of each spouse must be provided during the discovery process. Gathering these documents takes time, and waiting for full financial disclosure is one reason why a divorce might take longer than expected.
Depositions must be taken during the course of the divorce.
In addition to financial issues, a divorce decree must tackle issues of child custody. If both parents want to retain custody of the children, lawyers will conduct depositions to gather information on parental suitability from friends and family members.
Expert witnesses (like psychologists or social workers) will also be deposed so that each spouse's attorney can gather the information required to craft their arguments for custody. Scheduling and completing depositions takes time, which can delay the completion of a divorce case.
Each spouse must be given time to respond to motions.
When divorce cases go to court, the parties involved in the divorce communicate by filing motions. These motions petition the court for certain decisions, and the opposing spouse must be given ample time to respond to motions filed and make their own argument for the court to consider.
State statute typically mandates response periods for relying on motions, so there is no way to rush the process. Be prepared to allow your spouse time to respond to the motions filed on your behalf by your attorney to avoid becoming frustrated with the lengthy process of obtaining a divorce.
Although many divorces take time to complete, you can opt to work with a mediator in an attempt to work out a settlement agreement with your spouse if you want to speed up the process. If your divorce goes to court, there are many factors that can affect the timeline and you must be prepared to be patient until a resolution is reached.
Check out a website like http://www.siouxlandlaw.com for more information and assistance.
Share7 May 2018
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!