Are you considering divorce and wondering what will be the divorce procedure? The divorce procedure varies by county. Your state’s divorce laws will determine what steps you need to go through during the whole process. Somehow a Knoxville divorce attorney managed to distill the process to its most basic steps for most divorce cases. Here are the most common steps before your divorce is finalized, and your marriage completely dissolved.
Pleadings
A divorce action begins when a spouse complains, and the clerk issues the summons. Once the other spouse receives it, they answer the allegation within 21 or 28 days, depending on the method.
Scheduling order
Once the receiver files an answer, the court issues a scheduling order. The scheduling order identifies the dates for further proceeding. The scheduling order will most result in order mediation, set a date, and set a cut off date for discovery.
Temporary divorce order
The court can issue temporary orders for specific actions to be taken immediately and last until the final divorce hearing. It includes child support, child custody, and spousal support. These orders are available throughout and remain in effect until they are modified or on an entry of final judgment. If you are not supporting them, you will find yourself in contempt of court, and you can be jailed or fined as per the judge’s discretion.
Divorce discovery
Discovery is a process of gathering information about both parties involved in a divorce. The divorce process can differ from state to state but commonly consist of the following steps:
Disclosure: Every state has rules of procedure, and the way disclosure is conducted will be determined by those rules. Attorneys for both parties request specific items from the other part, and the list is sent to the other side of the party. They must respond within thirty days.
Interrogatories: The list of question attorneys will be sent to other parties, and most states limit the number of questions, and each party has thirty days to respond to the answers.
Admission of fact: A written list of facts is directed to the party for the divorce. The receiving party has to either admit each or deny each listed fact.
Request for production: This is a legal system that is used to obtain documents such as bank statements, income statements, or any other document that attorneys feel that benefit the case and the client. The party receiving a request is supposed to respond with documents within thirty days. This process can be a major obstacle as people don’t want to turn over personal information and delay techniques used in this part of the process.
Depositions
During the process of depositions, the attorney in Knoxville, TN, will take sworn testimony from the opposing party and any witnesses involved. Anything that is said in deposition can be used in court as an agreement not to be met, and you end up going to divorce court.
Divorce mediation
You are fortunate if this far you will get. Almost all courts refer to divorces mediation as a matter. Mediation means where both the parties to a dispute meet a third-party mediator. During this, both parties and their attorney discuss any conflicts they have and try to reach an agreement that meets both parties’ needs. The mediator is neutral and has no client-attorney relationship. As opposed to trials where judges decide the facts, it is designed to promote voluntary agreement between parties.
Divorce court
If mediation doesn’t work and there are unresolved issues, then a trial date will be set. During the trial, both parties have to argue in front of the judge. You must discuss it with your lawyers in Knoxville, TN, so that you can make a good impression on the judge. You have a great case and witness and proof, but it seems nothing if you go into a court looking and acting like a bully that knows all. Know the things you need to do before your divorce goes to the trial.
The judge examines the evidence and makes a decision on the proper basis of settlement and outcome. Most of the judges hand down the orders within 14 days of the court date.
After divorce court
Once a judge makes their decision, the parties will sign the final decree of divorce. The final decree states that how any property will be divided, any orders regarding custody, child support amount, or any spousal maintenance. that is ordered on any other issues regarding the dissolution of marriage. If you wish to make a change, this is the time to request to be done. If there are any mistakes, then catch before adding your signature.
Appealing a divorce court order
If you feel that the court order is unfair, you may file a motion to appeal the order and request a new hearing. This motion is filed for the same judge, and not many judges are going to set aside their orders, so don’t be surprised when the court denies your motion. When the court denies your motion, you can file an appeal to the state appellate court.
Conclusion:
The process will turn out to be quick if there are no children and marital assets to split where marriages are of short duration, but the divorce seems to turn out long and frustrating if these are involved. Be patient as family court protects the interest of all parties involved in a divorce action. Suppose you want to know in detail about the process. In that case, a Knoxville divorce attorney will help you and understand you by providing dedicated advocacy to protect your interest after a divorce.
