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Brooklyn Family Law, Blog

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October 20, 2014
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What To Expect When Getting Divorced, Divorce Expectations

What To Expect When Getting Divorced, Divorce ExpectationsSo many factors go into the specifics of each divorce case, it is impossible to include all possibilities in this writing. Therefore, please take this as a general overview of what the general course of any matrimonial action will be. Yours may have additional procedures needed, or may settle before a trial.

During your first conference with your attorney in a divorce, you and your lawyer will discuss the process, much like it is being discussed here. The two of you will put together a plan of action for your case specific to your rights, wishes and needs. If you have been served with papers, a response to those papers must be drafted and served in your divorce. If you are starting the divorce process yourself, a summons and complaint will be drafted, filed and served on your spouse. Your spouse will then respond with an Answer. There may be additional papers (pleadings) served in response to the Answer that has been served by you or your spouse.

Certain documents are then filed that put the divorce action into the Court system for assignment to a Judge and a preliminary conference for your divorce is scheduled. You must attend all Court appearances. During the preliminary conference, the schedule of your entire case is put together up through and including the trial date for your divorce and is ordered by the Court.

There may be a need in your case for one or more motions.  A motion is a very formal request for some type of help which is needed while the divorce action is pending. Some common motions in divorce actions would be a motion for temporary child support, custody, spousal support, temporary occupancy of the marital residence, enforcing temporary orders or compelling discovery demanded.  Motions entail the preparation of various affidavits in support of your position and the other side drafts motions opposing what you are seeking in this motion and it is generally argued before the Court.

Your divorce now goes into an information gathering stage. This is called discovery and is the process by which you obtain the evidence you need to make your divorce case. This discovery period can include demands for documents, appraisals of real property or other assets, accountant review of financial information, evaluations of any business, as well as depositions which are the soliciting of sworn oral testimony with a stenographer present. This discovery period goes on for several months.

Providing financial statements, tax returns and certain other financial records are required of both parties in divorce actions according to a deadline set during your preliminary conference if they have not been required for production at your preliminary conference.

Divorce actions tend to start with a flurry of paperwork followed by periods of what may look like inactivity to you. During these quite periods, your attorney is drafting document demands, receiving document demands, waiting for responses, scheduling appraisals, depositions and the like  Then there may be a motion which is another flurry of paperwork followed by potential weeks of silence. Your attorney will contact you if additional input is necessary to prepare your divorce case and sign documents, just as you will contact your attorney with any questions or changes in your circumstances affecting your divorce.

Once all necessary information has been gathered by each side, there will be a pre-trial conference on the date set in the Order from the preliminary conference. Often, these pre-trial appearances are used to attempt settlement of your divorce action, or to settle any portion of your case that can be settled.  Absent full settlement, the next appearance in your divorce action will be for trial.

During your divorce action, efforts will be made on your behalf to settle your case successfully. Both sides must be willing to settle the divorce action. No one can force either party to settle the divorce if they are unwilling, not even the Judge.

Your attorney will discuss all of the details and preparation for your divorce trial.  These are emotional issues and however well prepared, trial days are very difficult and draining.  The length of your divorce trial will depend upon how many issues are remaining, the volume of the evidence and how many witnesses each side calls. 

After trial, the Court makes a decision on all issues that you put before the Court in your divorce trial. Then various papers are prepared and submitted to the Court to obtain your Judgment of Divorce.

Brooklyn Divorce attorney at Law, Renata Weissman legal practice is located in Brooklyn NY and can help you with all Family Law matters and any aspect of Divorce. Contact us for immediate help in your legal case today 855-736-2829.