Taking that first step can be daunting and stressful. Deciding that you want a divorce is difficult enough as is. Navigating the murky waters of a divorce through the court system may seem impossible. The key is to take things one step at a time and to make sure you understand all of your rights and obligations.
The first step in any divorce proceeding is the filing of a Complaint for Divorce at the courthouse. Once the Complaint is processed and docketed, it must be served on your spouse. When having your spouse served with divorce papers, always ensure your children are not present. Always take great care to ensure that your children are not subjected to the details of your divorce.
Once your spouse is served, he or she will have the opportunity to file a response. After that, both sides will be required to prepare and file a Case Information Statement, a financial statement detailing all aspects of your family lifestyle, your budget, your income, your assets and debts, and potentially your financial outlook. Take great care with this document, as it will probably be the most important document you file with the court.
Although you will be required to attend conferences with the court to provide updates with regard to your divorce’s status, you will also be given ample opportunity to settle your matter out of court. Both you and your spouse will be required to attend mediation with a private mediator in an attempt to reach a global resolution to your matter. This is the most cost-effective and efficient method of resolving your divorce. Attend this process with an open mind, but never allow yourself to be pressured or bullied into a settlement.
If you fail to reach a global resolution through mediation, the court will direct you and your spouse to proceed to trial, after which the judge will render a decision on all aspects of your divorce.
Prior to engaging in the court process, consider speaking with an attorney to discuss all of your options, as well as your rights and obligations. It is vital that you have an attorney on your side representing you and ensuring that your rights are protected. If you are ready to take that first step, contact Birz Law, LLC at (201) 701-1218 for an initial consultation.