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| Do you understand what the lawyer is saying, and why? There is very little in the law that cannot be explained so you have a general understanding why certain actions are being taken. Communication with you and with others is essential to providing legal services, you may wish to consider hiring another lawyer if you can't understand what he or she is saying. |
| Power Family Law, PLLC |
| Our attorneys and support staff make it a priority to understand the needs of our clients and to explain the legal process in an understandable manner. |
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Family Law
Love, Family, Marriage, Childern 
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FILING FOR DIVORCEWe hope that this outline will be of help to you during the divorce process. Keep in mind that this outline is typical, but in no means all-encompassing. Complicated issues can increase the number of pleadings, court dates and research work, which in turn costs the parties more money. The ability of all parties involved to cooperate or at least, negotiate, reduces legal costs and emotional stress.1. An Original Petition for Divorce is filed with the court in the appropriate county. The person who files the Original Petition for Divorce is the Petitioner; the person who is being filed against is the Respondent. Once the petition is filed with the court, the opposing party (your spouse) is served with the petition by a process server or Constable. Service, or notification, of the opposing party sets the process in motion. The petition includes the names of the parties (you, your spouse and your minor children) and some basic information about the issues involved in the divorce. A divorce may not be finalized until a minimum of sixty days has expired since it was filed. 2. A response, or Answer, to the petition must be filed by the Respondent to notify the court of their interest in the case. The Respondent may also file a Counter-petition and ask the court for relief, or the same things that the Petitioner has requested. 3. Temporary Orders can be ordered by the court to set guidelines for the children's welfare and to maintain the household until the finalization of the divorce. If the parties and attorneys can negotiate an agreement, the Temporary Orders will be filed with the court. 4. However, if the parties dispute any of the issues, the parties and attorneys can attend a court hearing and the judge will determine what the Temporary Orders will be. 5. Court hearings and trials can be very expensive, so attorneys negotiate as many terms of the divorce as possible to save time and therefore money. 6. Most divorce cases require that a sworn Inventory and Appraisement of the parties' assets be produced separately by both parties. This will assist the parties and the attorneys to determine the amount of assets and liabilities to be divided by the parties. 7. Most courts require the parties to attend mediation to facilitate final settlement of the divorce. If the mediation is successful, the parties will agree to a Mediated Settlement Agreement, which contains an outline of the terms for the Final Decree of Divorce. 8. If the attorneys and parties have succeeded in mutually agreeing to the terms of the Final Decree of Divorce, there will be no trial. Typically, the attorneys will attend a prove-up hearing. At that time, the judge will be presented with the signed Final Decree of Divorce, one or both of the parties will testify about the contents of the decree, and the judge will give his/her approval by signing the Decree. 9. If the attorneys and parties cannot come to a final agreement on all of the issues of the divorce, they will have a trial and request that a judge or jury rule on the issue(s) that the parties cannot resolve. |
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