Although divorce procedures may vary from state to state, the overall structure of the divorce is typically the same including,
- The decision to divorce.
This step would help identify if the spouses would be having a contested or uncontested divorce.
- The collection of paperwork and gathering of information.
Once it has been established that a divorce would be in motion, both spouses need to start gathering information including bank account statements, retirement accounts, medical records etc.
- Who files for the divorce?
The divorce case doesn’t legally begin until either one the spouse’s files for divorce by drafting a divorce petition.
- The other spouse has to respond to the petition.
Typically after one spouse has been served with a divorce petition, he/she has around 20 days to prepare a response.
- Negotiation is essential.
Negotiation is something both spouses should be doing throughout the case.
- Agree on a settlement and submit it to the court.
Once negotiation has been completed, and both spouses come to an agreement, the agreement should then be submitted to the courts.
- Without a settlement agreement, the case would then go to trial.
During the trial process, the attorneys would then call a witness to testify and present evidence regarding depositions, financial records, and bank statements. Each witness then provides a direct testimony for one of the lawyers which would then be examined by the other lawyer.
A decision would then be made on the courts and would issue a written divorce decree. After hearing the witnesses and reviewing all available evidence, the judge would then apply the law to the facts of the case.
Either of the spouses can appeal all or some of the judgment and decree. If there is a disagreement on the judge’s decision by either spouse, they can appeal the case to the appellate court.
However you decide to go through with your case, you shouldn’t have to go through it alone. If you’re looking for an experienced and affordable divorce attorney in Orlando FL to guide you through the process, The Law Office of Erin Morse is the place for you. Through the services of a group of competent attorneys, clients can be guaranteed optimal outcomes from their cases. If that’s what you’re looking for, contact Erin Morse Law Firm now to schedule an appointment!