Divorce Court
Divorce court is the furthest thing from most couple’s minds during their wedding day but the reality is that nearly half of all marriages will end in divorce.
Many couples face a myriad of problems which lead to divorce and according to statistics many people cite money problems and irreconcilable differences as the leading causes of divorce. There are other reasons such as adultery, abandonment and spousal abuse.
Each state has its own laws regarding divorce and they also have their own filing procedures as well. Many states allow for one party to file for divorce or both parties can petition to legally end their marriage. A person who files for divorce is called the petitioner by most courts. When a petitioner files for divorce against their spouse; the remaining spouse cannot stay in a marriage alone. They can either agree with the filing or contest the divorce. Any spouse that does not agree with the motion to divorce can contest the divorce. The party who doesn’t want to divorce is usually called the defendant.
Once a petitioner files for divorce against their spouses and their spouses agree with the motion this is called a no-contest divorce since the divorce isn’t being contested.
When going through a divorce it is best to have the help of an attorney or lawyer. The legal system typically favors a person with an attorney over one who doesn’t have one. Another advantage of having an attorney is that they can get the best outcome for their client for their particular set of circumstances.
Most court systems will allow people to petition or to contest a motion for divorce but they strongly prefer a licensed, educated and qualified lawyer to represent the people involved in a case.
After a motion for divorce has been filed the next step is for both parties to appear in court in order to determine if there are legal and legitimate reasons for divorce. This is called a preliminary hearing and most courts won’t divorce a couple if there isn’t any legal reason for the dissolution of the marriage. Once it has been determined that a petitioner has legal grounds for terminating the marriage the proceedings will continue. Some divorce cases can also go to trail in order to establish grounds for divorce and when this happen the use of witnesses and other testimony might be required.
The courts will then set a date for the parties to appear back in court in order to issue a decree of divorce. Before establishing a divorce date the parties will usually be given a chance to work out how they want to separate their possessions and to determine a custody agreement if minor children are involved. Couples who cannot come to some type of formal agreement will have to submit to a judge’s decision pertaining to the division of property, money and custody of minor children. It is always best for divorcing couples to reach an agreement on matters of property, money and custody issues.
When the court system has to make a final decision about custody issues they will always look to the best interest of the child. They do not care who is at fault in a divorce and they will place a child or children with the parent who can offer the child stability and who is able to provide for their needs. This is the most important aspect of determining custody when the courts are involved. It is best for both parents to have themselves financially established.
Other considerations include whether or not abuse or neglect can be proven or if a spouse has some sort of mental or physical defect which will prevent them from properly caring for the child. Each state has their own set of rules for determining who will be granted custody of children and each party will be critically evaluated to see if they are able to care or any minor children.
People that appear in divorce court should dress in formal clothing and conduct themselves in a civil manner before the judges. They should follow the advice of their lawyers and only allow to their attorneys to speak for them while in front of the judge. If a judge asks a direct question to the petitioner or defendant they can speak but only under the direction of their attorney. Neither the petitioner nor the defendant should upset the judge during court proceedings. This could cause major set backs in the case for parties that do not respect the judge. There are so many other factors for divorce that most people will be overwhelmed by them unless they have an attorney to help them through the proceedings.
Ultimately, dissolving a marriage through divorce court could be a financially straining, time consuming and emotionally draining experience.
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