If you are considering divorce, you are probably overwhelmed and unsure what to do next. Most people have never thought of divorce, so it feels like you are about to embark on an overwhelming and unending long and winding road. This blog is to help you understand the major steps along the way, so you better understand what to expect when you determine it is your next move. We know this is probably new to you, so we have made this blog to help explain some important items using things that you already know. Imagine your case as a journey from New York to Los Angeles. You will start in New York with a Petition and end in Los Angeles with a Judgment, but how you get there will be unique. This metaphor can help you understand the various stages and what to expect at each point along the way.
Your journey begins in New York, where one spouse becomes the “petitioner” and initiates the legal proceeding by filing the Petition for Dissolution of Marriage. This is the formal start of your divorce process. Just as planning a cross-country trip involves mapping out your route, filing the petition sets the legal process in motion and outlines the framework for your case. It is important to note that the contents of the Petition for Dissolution of Marriage can often be alarming to people that are not familiar with the law. However, the contents of this document are not nearly as important as the contents of your Judgment for Dissolution of Marriage because your judgment will be enforceable. A Petition, on the other hand, if a description of what the Petitioner is asking for, but it does not mean that they are guaranteed to get what they ask for simply because it is in their Petition.
Next, we move to Philadelphia. The other spouse, known as the “respondent,” must be properly notified and involved in the process. They can either voluntarily waive service and file an appearance, or they can be formally served with the summons and petition. This step ensures that both parties are aware of the proceedings and have the opportunity to participate. The Respondent may also file a Counter-Petition for Dissolution of Marriage should they wish to do so. There are pros and cons of filing a counter-petition that should be discussed with your attorney,
Our next major stop is Chicago, symbolizing the discovery phase. This is often the longest and most complex part of the journey. During discovery, both parties gather information and documents from each other and from third parties. This phase is crucial for understanding the full financial and personal landscape of the marriage. Think of this as a thorough inspection of your vehicle and supplies before continuing the journey. It’s essential to know what resources and challenges lie ahead before you get back on the road.
During this phase, we may also need to address “Temporary Motions.” These are issues that must be resolved before we reach our final destination in Los Angeles. Some things, such as temporary parenting schedules or payment of expenses, cannot wait until the end and require immediate attention. This is akin to handling urgent repairs or adjustments on your journey to ensure you can continue traveling smoothly.
As we travel further west, we arrive in Denver. Here, the focus shifts to settlement discussions and mediation. By this point, we have more information than when we started. We are now going to decide if we will go “over” the Rocky Mountains or if we can navigate around them. This stage represents attempts to resolve disputes amicably without a trial. Just as travelers might negotiate and adjust their plans to avoid roadblocks, spouses work together to find common ground and create a mutually acceptable agreement. There are several different options for reaching a settlement, which should be discussed with your attorney based upon your unique situation. It should be noted that most people are eventually able to reach an agreement.
The final destination, Los Angeles, represents the conclusion of your case where the Judge will sign a Judgment for Dissolution of Marriage. This can take one of two forms: a trial or a settlement agreement. If there are unresolved issues that the parties cannot agree upon, a trial will be necessary, where a judge will make the final decisions. Alternatively, if you are able to reach a comprehensive written agreement, it can be presented to the court for approval, a process known as a “prove-up.” This step finalizes the divorce and marks the end of your journey.
Throughout this journey, it’s important to stay focused on your goals and work closely with your attorney to navigate the various stages. The discovery phase, in particular, can be emotionally charged, so it’s crucial to maintain perspective and keep your eyes on the ultimate destination – a successful resolution of your divorce case.
By viewing your divorce as a journey from New York to Los Angeles, you can better understand the steps involved and what to expect along the way. Remember, every journey is unique, and having a skilled attorney by your side can help you navigate the twists and turns, ensuring you reach your destination as smoothly as possible. Think of us as your guide on this cross-country journey. We have seen most everything before, so if a road is closed, we know the alternative routes to get you where you want to go.
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