离婚诉讼中会发生什么

• 2016年1月6日
• bet9九州体育登录线路
• 家庭法

Everyone knows that no matter what the tag says, one size does NOT fit all. 离婚 are the same way, since no two sets of circumstances are identical. 这在法律上被称为“婚姻解除”,” many divorces are settled without the parties having to endure a contested courtroom proceeding. If you are unable to settle your case with your spouse, then it will go to trial. The complexity of any divorce really hinges on two main points: whether or not there are minor children and whether or not the parties have an agreement on all the issues. Listed here are some general guidelines, but it is extremely important to consult a 家庭法 attorney who can cut out the excess and tailor your divorce action to your situation.

一开始

The lawyer you hire will file a document called an “appearance” that informs the court that he or she is representing you. The appearance serves as a sort of shield that requires the court and your spouse’s lawyer to communicate directly with your lawyer. Another document called the “summons” is the one that informs your spouse that he or she is being sued for divorce. The “petition” is the document that actually asks the court for dissolution of the marriage.

This is where the notorious grounds for the divorce are listed. The vast majority of divorce proceedings are based on an irretrievable breakdown of the marriage. You do not have to “prove” that the marriage is irretrievably broken – you just have to state it in your petition. 如果你的配偶愿意，他/她可以提出异议, 但如果你想离婚, 你将获准离婚.

After these documents are properly filed with the court, your spouse will be served with their own official copies. This is now their opportunity to file their own statement of facts and request for relief in an “answer.在这一点上, your lawyer will likely seek a provisional hearing where temporary orders are given about the significant issues that need to be addressed while the long term agreement is worked out — things such as 孩子的监护权, 孩子的抚养费, spousal maintenance and possession of the house, the cars, and the bank accounts. The hearing is by request only and can be cancelled if you and your spouse can agree on how these matters will be handled between the start and the end of the divorce action.

中间

Once the formalities are out of the way, then the negotiations start. This part of the process can be very time consuming and involves compromise in order to be successful. This is the time for both parties to try to gain perspective and not act based on emotions. 没有人能在离婚中得到他们想要的一切, so figure out what you have to have and where you can give in. 如果你和你的配偶在所有问题上意见一致, then a “marital settlement agreement” will be drafted that sets the rules going forward. The court has to examine the agreement and approve it before it goes into effect, 但是一旦发生了, 这很难改变.

If the parties and their attorneys simply cannot reach an agreement, the next step is 中介. Mediation involves a third attorney that represents neither side. 你和你的律师坐在一间屋子里, your spouse will sit in another room with his or her attorney, 调解律师会来来回回的, 讨论各种问题. The mediator’s job is to get both sides to compromise.

The first part of preparation is called “discovery” and refers to the exchange of information. This is when the contested issues are singled out and the assets, 收入, 确定了双方的债务.

Both spouses present their side of the story to the judge through testimony, 目击者, 展品及专家. The spouse who filed the action (the petitioner/plaintiff) goes first, followed by the spouse who was served (the respondent/defendant). 因为印第安纳州是一个“公平分配”州, the judge’s role is to divide the property and debts between the divorcing parties fairly and equitably — not necessarily equally. Custody is determined in accordance with the best interests of the child.

结束

Once the judge enters a “final dissolution of marriage” – a decree” 它变成了一个命令. An order can be modified as time goes by if there has been a change in circumstances, 但只是关于抚养权和抚养费. 资产和债务的分割是最终的. 如果不遵守命令, 可以提出“强制遵守动议”, or the noncompliant former spouse could even be held in contempt of court.

There are many other terms and nuances involved in successfully resolving a divorce, 包括居住, 聚会地点, 中介, 等待时间, 妥善处理文件. It is imperative that you speak with an 印第安纳州 divorce lawyer who can represent your interests and make the process go as smoothly as possible.

如果你对这个话题有任何问题, you can find out more by discussing it with one of the attorneys at 丘奇，兰登，洛普，巴内特·劳. We have years of experience helping people, and we can help you. 总部设在新奥尔巴尼, 印第安纳州, we proudly serve communities throughout Kentuckiana; Floyd County, IN; and Clark County, IN. 请致电(812)725-8224或使用 我们的网上表格.