Divorce - Fear Not The Single Life
The Divorce Process
By Eric Brehm, Partner at Riddell Aimar and Brehm LLC
Going through a divorce is one of the most traumatic and emotionally draining experiences in someone's life. People often come into this office when they have discovered that their spouse is going to file for divorce, or when they finally realize that it is time to end their marriage. Divorce is financially draining, emotionally draining, takes time away from your children and loved ones, and is, by definition, a life changing event. But FEAR NOT! There has never been a client that has come through this office and gone through these divorce proceedings that does not feel remarkably better when it is all said and done.
Part of being an attorney is being a good counselor and a good listener to your clients, as well as being able to address not only their concerns, but also their fears. We often suggest going through some post-marriage counseling after your divorce is over with to help you get over the hump. Your life will be much better without the pressing conflicts that result from having your former spouse in your life.
It is a hard process and generally it takes about a year to emotionally process and recover from a divorce. There is light at the end of the tunnel, and that light is a life that is missing the draining and negative energy that surrounds a bad marriage.
The divorce process begins like this:
Call and schedule a confidential appointment at our law office. You will be given a series of documents, and these are financial disclosure forms that the court requires and are mandatory in every divorce filing. We can give you a comprehensive financial analysis of your case once we have the chance to review these affidavits.
We make preparations for the filing of your divorce. These preparations will include your requests for temporary orders from the court, restraining orders, and custody demands if necessary. Temporary orders are orders of the court that determine who pays what bills, who lives where, and who has custody of the children while the case is pending.
We arrange for your documents to be filed to the court and to be delivered either by a sheriff or by a process server. Your case does not start until it is properly filed with the courts. The sheriff or process server will deliver the documents to your spouse.
The court will order a temporary orders hearing. At the temporary orders hearing, if you cannot reach an agreement, the magistrate will request that the parties submit written requests and affidavits, which is a sworn statement.
The court will set your case for a pre-trial hearing which will be held and conducted before the presiding judge. The judge will require that you and your lawyer be present for this hearing, and that you submit a written position statement about the issues in your case. To resolve your case, the judge will often times tell you what he or she will likely do to resolve certain issues.
Your case will be set for an uncontested hearing if it settles or a trial date.
If you reach an agreement, your case will be finalized by the judge and entered into the clerk of court's records. IF YOU GET TO THIS POINT YOU ARE DIVORCED!
If you can't reach an agreement, you case will be set for trial and be tried before the presiding judge. The judge will decide all matters of controversy in your case, which can include spousal support, child support, child custody, the allocation of debt, and the award of the marital residence. Once all matters have been resolved, the divorce will be finalized and entered into the clerk of court's records.
The divorce process is not easy, but it can be significantly easier once you find the right lawyer. Contact us at 614-478-3676 if you have any further questions regarding your impending divorce, and are looking to hire a divorce lawyer.