Basic Divorce Guide
The process of divorce is normally heard in the family court. This simply means that the divorce trial will not be heard in front of the jury. A judge will usually decide the result of the case. When a party decided to file for a divorce, and the other party managed to respond within 21 days, a hearing date will then be scheduled. Generally, some divorce cases can be settled immediately, but we advise you not to expect as this is not the common case. Here is closer look to the long and tedious process surrounding divorce.
A Short Guide about Divorce
Before you undergo the legal process of separation, you will be first advice to go into mediation. The court normally requires this with a slight technical exception. After that, the mediator is instructed to produce a document needed before the court determines that there is a need to proceed with the divorce procedure.
Mediation is a part wherein both parties will meet in order to discuss the factors affecting the disagreements. This may include the joint assets and the considerations of the kids. Do not be afraid to go through the mediation, most of the time it will only last for few sessions. In case there are no disagreements in the absence of kids or presence of pre-nuptial agreement, there will be no need for mediation.
The next is determining if there is a ground for the divorce case. These grounds determine the validity of the legal case. Most of the time, unacceptable behavior is always used as a common ground. But in order to start the process, they should first be considered by the local court. In case that you have a legal assistance, you should ask about a more acceptable and valid ground.
There are different matters that will be decided during the divorce trial, and it is not just about the separation of the parties. One of the most critical decisions would be the custody of the child. The judge will consider a lot of things such as the physical health of the kids, the parental ability of the kids, the cultural background, and the welfare of the kids, the kid’s relationship with their mother and father, and the personal wishes of the kids.
The court will initially allow the parents to create their own parenting plan. This voluntary plan is agreed upon by both parties that are intended for the welfare of the kids. This parenting plan may include the schedule of both parties, the party that will decide on the welfare of the kids, settling dispute and others. On the off chance that they will not reach an agreement, the court will also decide on the parenting plan.
The local court will also decide the child support, alimony, medical expenses and insurance, dividing the assets and property and in some cases that involve domestic violence, a restraining order may be required.