During The Divorce: Advice from a Lake County Divorce Attorney
Every divorce plays out differently, although there are constant factors that indicate the amount of time and stress that will be involved in a divorce. Some divorces can be peaceful and completed relatively quickly. Meanwhile, others can be drawn-out grudge matches that span up quite a bit of time.
During a divorce, the expected timeframe for a marriage, to be dissolved, differs from case to case. If it is an uncontested divorce without any children involved, it could take as little as a month to be finalized. However, there are more steps when a divorce is contested and involves child custody disputes.
The addition of children involves several issues that need to be resolved, including primary custody, visitation and child support. Resolving all these matters takes time, so the best method, to practice during a divorce, is patience.
Also, keep in mind that when you file for a divorce, the next step is not walking into a courtroom. A divorce is filed; then the defendant offers a response. Next, the discovery period begins. This is the time when both parties begin a fact-finding phase, which collects evidence to prove their case. There are several methods that can be used in the discovery phase, including interrogatories, request for documents, subpoenas, investigation into financial records, and depositions.
This part of the process may also take longer than one might expect. When the discovery process concludes, the negotiation process commences. This is where a divorce could grow ugly and lead to a courtroom battle. Avoiding litigation is significantly impacted by the negotiation process. But if that process cannot go smoothly, expect to do a bit more waiting.
Prior to going to trial, lawyers could request a pretrial conference which takes place in a judge’s chambers. It is there where a judge will make recommendations for settlements. If a settlement cannot be reached, then a trial date is officially set. However, that date is at least six months into the future. A contested divorce of this magnitude will extend the wait for both parties.
During that waiting period, temporary orders could be put into effect regarding child support, spousal support and living arrangements. Clients are expected to live their lives during these waiting periods, although there are several things they should not do to avoid damaging their cases.
It’s advisable not to engage in any conflict with your spouse. It’s also recommended that spouses do not behave in a way that wind up hurting their case. That means avoid any problematic situations with finances or the law. Spending should also be watched carefully as divorces can become costly. The longer the wait and the more a divorce is contested, the more expensive it will become.
The biggest lesson, many people learn in a divorce, is the importance of compromise. Most times, each party will be forced to compromise in some way. Being inflexible could lead to longer waiting periods and take more money out of your pocket. During a divorce, compromise is an essential tool to use.