Family Law
Does one have to go to court to obtain a divorce?
A court of law is the only way in which one can obtain a divorce or dissolution of marriage. The court has jurisdiction to resolve the issues involved in a divorce, including, but not limited to: custody and visitation rights, division of property and debts, spousal support, child support, restraining orders, etc..
What is involved in starting the process for a divorce or dissolution?
The first step would be the filing of a properly executed petition with the appropriate court. The petition must be served on the other party, either by voluntary acceptance or by involuntary service. After that, except in extraordinary circumstances, the earliest the divorce can be finalized is 90 days after the service. This is assuming that the parties can agree to all the terms of the divorce. Without agreement, you can expect trial approximately six months after the petition is served.
What about the divorce kits and preprinted forms that are available?
Family law is a complex area of the law which is not well served by simplistic forms that do not address all of the issues and areas concerned if the individual is not well versed or has not consulted with appropriate legal counsel to review the facts and problems of each individual case. The lasting effects of decisions made in haste without proper advice would militate against the use of such forms.
What kind of documents will be needed to put together what the court will need to decide all of the issues involved?
If custody of a child or children is an issue, the most important documents are a journal or diary kept by a person showing their involvement with the child or children. Of course, if there is any Juvenile Court involvement, DHS involvement or other Court involvement, those documents could be critical.
For property and debt issues, wage statements, income tax returns, bills, purchase slips, invoices, etc. Generally, anything that shows what was purchased and when what is due and owing and income is useful.
How are Custody and Visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. If this issue cannot be decided between the parties, the Judge will make the decision. Generally, Judges look to what is in the best interest of the children. To reach that decision, Judges look for who has been the primary care taker, who is more stable, patterns or history of domestic violence, who will promote the best relationship with the other parent. Very rarely will any one factor or incident be the controlling or deciding factor, the Court generally looks at the over all situation.