Introduction
Divorce litigation occurs when spouses are unable to resolve their disputes through negotiation or mediation and must turn to the courts to settle key issues. While many divorces are resolved amicably, some require the intervention of a judge to decide matters like child custody, property division, and spousal support.
Step 1: Filing the Divorce Petition
The divorce litigation process begins when one spouse (the petitioner) files a divorce petition with the court. The petition outlines the grounds for divorce and the issues to be resolved, such as child custody, property division, and alimony. The other spouse (the respondent) is then served with the petition and has a specific timeframe to respond.
Example: Filing for Divorce with Contested Custody
Scenario: Mary files for divorce from her husband, John, citing irreconcilable differences. In her petition, she requests sole custody of their two children and spousal support. John, who wants shared custody, files a response disputing her claims.
Step 2: Temporary Orders
During the litigation process, either party can request temporary orders to address pressing issues while the divorce is ongoing. Temporary orders may cover:
- Child custody and visitation schedules.
- Temporary child support or alimony.
- Who remains in the marital home.
Example: Temporary Custody Orders
Scenario: Mary requests a temporary custody order granting her primary custody of the children while the divorce is pending. The judge issues an order allowing John visitation every other weekend.
Step 3: Discovery Phase
The discovery phase is a critical part of divorce litigation. During this stage, both parties gather evidence to support their claims and gain a clear understanding of the other party’s financial situation.
Common Discovery Tools:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Requests for documents, such as financial statements, tax returns, and property appraisals.
- Depositions: Sworn testimony from either spouse or witnesses, such as financial experts or child psychologists.
Example: Discovery in a High-Asset Divorce
Scenario: John suspects Mary is hiding assets in an undisclosed bank account. His attorney requests financial records during discovery, revealing the hidden account and impacting the property division process.
Step 4: Settlement Negotiations
Before going to trial, many divorce cases are resolved through settlement negotiations. Attorneys for both parties work to reach agreements on contested issues. If they can agree, a settlement is drafted and presented to the court for approval, avoiding the need for a trial.
Benefits of Settlement:
- Saves time and money.
- Reduces stress and emotional conflict.
- Allows parties to have more control over the outcome.
Example: Settlement on Property Division
Scenario: Mary and John reach a settlement where Mary keeps the marital home, and John receives a larger share of their retirement accounts.
Step 5: Divorce Trial
If the parties cannot reach a settlement, the case proceeds to trial, where a judge will decide unresolved issues.
What Happens at Trial:
- Opening Statements: Each attorney presents an overview of their case.
- Presentation of Evidence: Witnesses testify, and documents are submitted as evidence.
- Closing Arguments: Attorneys summarize their positions.
- Final Decision: The judge issues a ruling on all disputed issues.
Example: Trial for Contested Child Custody
Scenario: At trial, Mary presents evidence showing that John’s work schedule prevents him from being available for the children. John argues that he has arranged flexible hours and a reliable childcare plan. The judge awards primary custody to Mary with expanded visitation for John.
Step 6: Final Judgment and Decree
Once the judge makes a decision, the court issues a final divorce decree, which outlines the terms of the divorce, including child custody, property division, and support orders. Both parties are legally bound to follow the terms of the decree.
How can we assist?
Divorce litigation is a multi-step process that requires careful preparation and skilled legal representation. From filing the initial petition to presenting evidence at trial, each phase of the case plays a critical role in determining the outcome.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.