Typically, when spouses agree to a separation and ultimately divorce, they can proceed with an uncontested settlement. But if one of them still has feelings and isn’t happy about the breakup, there will usually be disagreements with the proceedings.
These generally result in contested divorces. In cases like these, there will often be a mediator hired, or the couple will go before the court for a final decision on issues they couldn’t negotiate between themselves.
In ideal situations, a mediator for residents living in Oklahoma City can assist in developing divorce papers for uncontested divorce in OKC, helping the couple to negotiate each issue to where there’s no need to go to court with unsettled contention. This is especially beneficial when there are children involved. It’s an advantage when parents remain on somewhat cordial terms.
Layers of A Contested Divorce
Unfortunately, a significant portion of divorce cases ends up being contested mostly because one person is unhappy about the course of events, sometimes unaware that there were even problems within the marriage.
The legal process can be fraught with turmoil from the separation stage through to the final paperwork. But it’s important to remain level-headed and follow the necessary steps to make sure everything is fairly done for everyone involved.
Schedule the Attorney Appointment
The first step is to consult with a few attorneys until you find one with whom you feel comfortable and who can fulfill your needs the best. The right attorney will proceed with an interview process where there will be a review of the assets, custody, and other factors that you feel need to be considered.
The lawyers will give an opinion on how they feel about negotiating the divorce and what you’re entitled to. If you agree, the divorce petition will be prepared and go to the court for filing.
It sounds much more straightforward than it is. It genuinely requires significant time and effort in obtaining the documentation, determining how to divide the assets, working out the custody of the children if there are kids involved, considering debt that has been accumulated, and potential alimony.
You must make sure that any paperwork written up is thoroughly understood, and you receive copies for your records.
The Spouse Will Be Served the Petition
Once there is a filing in the court of the petition, your spouse will be served by the attorney. This can take place either by a deputy sheriff, in person, or in the mail. If your spouse is unreachable, there will be a published notice placed in the local paper, after which you will be required to wait a specific period before you can then proceed with the divorce.
Typically, the suggestion is that sheriff deputies or process servers in most jurisdictions are responsible for ensuring that a spouse gets served with the filing. If the responsibility is left up to you, you’ll need to receive directives from your attorney on how to do so.
A Response from The Spouse Regarding the Petition
In many states, the laws mandate that a person has to respond to a filing for divorce within a 30-day span. If that doesn’t happen, that person deems in default, and you can receive a “default judgment” for divorce. At that point, the case goes on to discovery and then to settlement.
The spouses each receive details concerning marital assets, custody agreements, income, and other factors relevant to the case via deposition, “interrogatory,” and documentation requests. This is the point where either person can ask for temporary orders for alimony or child support.
There is a timeframe for a response regarding discovery requests. It’s common for spouses to go beyond the deadline in order to hinder the process or, for some, to “hide” some of their assets. The attorneys need to ensure everyone keeps to the time limit.
The court judges, in most cases, encourage the participants to attempt to reach a mutual agreement prior to the final court date, with some judges ordering mediation in which a third party tries to help the two negotiate issues that are still unresolved. If this doesn’t work, the discovery stage continues, and the divorce court is scheduled.
The trial is as you would imagine with almost any hearing with each person allowed to have witnesses, question the other person’s witnesses, and put on closing arguments. Each state will be different as far as how quickly your case will go to trial. It relies on how many filings the local “Family Court System has” and how the divorce laws work.Open this https://www.oprahmag.com/life/relationships-love/a31149544/how-long-does-it-take-to-get-a-divorce/ for a guideline on how long it takes to get a divorce.
During the trial, the judge listens to both sides and makes his determination based on the issues at hand. The time he takes depends on the level of complexity involved in the case.
If either party is unhappy with the way the court proceedings have finalized, you can apply for a motion. If that is unsatisfactory, ultimately, you can seek an appeal. But, again, if there are children involved, and if you were married for a number of years, hopefully, you won’t find it necessary to go to such extreme lengths.
Once you reach the point that the judge has made a determination on the case, there have been many opportunities to negotiate fairly and reasonably for each person’s best interest. The case was seen by professional attorneys who worked in collaboration with each other on your behalf, a mediator who attempted to help negotiate between each of you to make everyone happy, and a judge who only wanted to find a just outcome.
If all of these people feel it’s fair, a person who wants to continue fighting is merely making everyone miserable at this point unnecessarily. And if you do have kids, whatever you’re fighting for is not worth their upset. If you are the bigger person in all of it, whatever it is that you lost and felt you deserved, will eventually find you through the cordial behavior you present over time. Read for advice on dealing with a divorce.
Divorce might not be something you want, but it doesn’t have to be ugly. You can grieve privately but should avoid acting out maliciously. It won’t ultimately serve a purpose except to hurt everyone and make it even harder for yourself.