Most divorce cases are settled…eventually. However, many cases run through at least the initial phases of litigation prior to the parties resolving their issues. No case is identical, but most cases tend to follow the same general path. This article hopes to increase your understanding of what to expect during your divorce case, albeit in the most general terms.
Issues In Divorce Cases
The purpose of a divorce action is, of course, to terminate the marriage, but this is not usually a issue of contention. The issues in dispute typically include 1) how to fairly divide the assets and debts of the divorcing parties, 2) each parent's rights with respect to any minor children (child custody and other parenting issues), 3) the amount of child support, if any, that the Court should order a parent to pay the other for support of minor children, and 4) the amount, if any, should a party pay to support to the other for a time after the marriage (i.e., spousal support, commonly referred to as alimony).
Initial Meeting With Attorney
First, you meet with your attorney where you will discuss your particular circumstances and what you hope to accomplish. The attorney will have questions for you and ask that you provide certain documentation (e.g. bank statements, tax returns etc.). If you have not already, the attorney will probably ask you to complete a questionnaire to insure all pertinent issues are covered. The attorney will discuss with you the likelihood that your goals can be achieved and the approach(s) the attorney could take to achieve those goals including any risks associated with those approach(es).