Many clients ending their marriages prefer an amicable dissloution process, however, this is not always possible. Occasionally, circumstances exist that require court intervention at the beginning of the process. In these cases, we will file a Complaint for Divorce on behalf of our client. With the Complaint, we can make requests for certain temporary orders for the payment of support, household bills and expenses, and for the allocation of parenting rights on a temporary basis.

Filing for divorce gives clients access to the formal discovery process. Discovery is the collection of documents and information to evaluate the marital income, assets and debts. Formal discovery methods can be enforced by court order and include written questions, requests for production of documents, depositions, and subpoenas to banks and employers to obtain records directly when the other party is not acting cooperatively.

Often, a client must file for divorce because they cannot reach an agreement regarding child custody with their spouse. Many local courts employ social workers who will conduct an evaluation of the family circumstance and make recommendations regarding custody. Also available in a divorce is a Guardian ad Litem, who is an attorney appointed to advocate for the best interests of the child and make custody recommendations. Both social workers and Guardians ad Litem interview the child as part of their investigations.

While Courts still encourage parties to resolve their cases by agreement, if parties are unable to do so, a trial will be scheduled after all necessary discovery and investigations are complete. At trial, your lawyer will present many exhibits and witnesses. Divorcing parties are required to testify regarding all outstanding issues and be subject to cross examination by their spouse’s attorney. The court will generally issue a decision within 30-90 days of the conclusion of trial.