Divorce involves more than telling your spouse your want out of a relationship. With divorce, Wall NJ residents must be prepared for an appearance in court or before a family mediator. All states have their own particular divorce laws and regulations. It is important to have legal representation to ensure you get a fair divorce.
Where you file for divorce is the jurisdiction. You are legally limited to filing in a certain location. In some states the person serving the divorce papers can pick between two jurisdictions. This can be a benefit to the person choosing if one district if more favorable over another.
The real divorce process begins when one party is served divorce papers. A summons is another part of the divorce that begins the proceedings. Once the summons is filed neither spouse can sell or give away any property or belongings that are considered a part of the marriage. Insurance must stay the same and other important financial accounts cannot be manipulated.
A petition tells the basic facts of divorce in Wall, NJ. The petition states the names, the marital assets, and the children. The petition has a second part that seeks to give relief to one party – this can include custody and financial relief.
Whether you serve the petition or you are served the petition, the person served has 30 days to respond. The answer to a petition contains a statement of how that person sees the facts of the case.
In a divorce Wall NJ residents can request temporary custody with a temporary hearing. Temporary hearings can be filed by the husband or the wife. In addition to custody, temporary hearings often concern maintenance and the resolution of the divorce.
Your divorce attorney may suggest a mediator. This allows you to work through your problems before going to court. However, there are instances where a mediator won’t work. For example, where child custody is an issue you will skip the mediator stage.
If you have other legal matters pending you will want to take care of them before going to court for your divorce case. Fortunately, the best DUI attorney in Wall NJ is also a great divorce attorney and can help you with both issues.
The Discovery Process
If the case looks as though it will proceed to court you need to be prepared for discovery. This is how the court investigates the divorce. All answers are given under oath.
During discovery you will be questioned under oath. You may be asked to fill out forms call interrogatories – written questions submitted by the opposing attorney. Each question must be answered completely and honestly.
You and your spouse can request documents. The documents must relate to the divorce. If it is too difficult for you to get the documents the opposing part can attempt to get them.
When your case gets to court you be thankful you have the guidance of an expert. Divorce, Wall NJ residents need to understand, is a complicated process and must be taken seriously.