How much does a divorce cost? This depends on many factors. If both parties are willing to work together on a quick and equitable agreement, the financial costs will be lower. However, if a divorce takes months to resolve and the parties involved refuse to come to a compromise, expect the case to cost much more money. Keeping a divorce out of court will significantly lower the cost.
At Johnston, Root & Leibenguth over 90 percent of our cases are settled outside the courtroom.
Do I really need a lawyer? Even in uncontested divorces, one should always speak with an attorney. Emotions run high in these situations and frequently a person will concede to agreements they may later regret. Aside from the financial and familial considerations, divorce lawyers can provide resources to help you cope with your divorce.
How do we resolve a divorce legally? There are two types of divorce, uncontested and contested. The first is when both parties have agreed to a settlement out of court. A judge then issues a decree of divorce dissolving the marriage.
In a contested divorce, certain issues that have not been resolved through settlement or mediation will go before a judge. Each party will present their view to the court, and a solution is determined.
Can temporary orders be issued before a divorce is finalized? Yes. Temporary judgments can be made on issues such as custody, restraining orders, child support and possession of property.
What happens during discovery? Both parties are required to disclose all relevant information regarding the divorce. Assets, parenting issues, investments and property ownership are among the most common topics. Both sides must have access to all documents pertaining to the divorce to prepare for trial or negotiate a settlement. It is imperative that all parties are forthright during this process.
What does it mean to have a bifurcated divorce proceeding? A court can grant a divorce, ending a person's marital status, while leaving financial and parenting issues to be decided at a later date. This is typically done when one or both parties want to get remarried or the emotional tension between the parties must be reduced.
What is the legal significance of a decree of divorce? This is the final judgment entered after a trial or a settlement is reached. Like all civil judgments it is binding to both parties and the obligations stated must be followed. Appeals are an option, but must be filed in a timely matter.
What happens after a decree of divorce is entered? Often a decree of divorce will require parties to transfer property, sign documents, separate joint accounts and finalize other details. If either party is unhappy with the decree they may appeal.
Is it possible to modify a decree of divorce? If there is a substantial change in either of the party's circumstances, it is possible to change some provisions of the decree. Modification matters may be litigated or settled.
Should I litigate or settle? This is a difficult question in which a person must consider time, costs and emotional stress. A settlement will save a considerable amount of time and money, while lowering the stress level. Going to court should be the final option, and never should be motivated by animosity or to exact revenge.
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