Before then, divorce was largely open only to men, and had to be granted by an Act of Parliament, which was hugely expensive, and therefore was also open only to the rich. Long before then, of course, Henry VIII was granted a divorce by the Archbishop of Canterbury, and church courts retained the power to dissolve marriages. Under the new law, women divorcing on the grounds of adultery not only had to prove their husbands had been unfaithful but also had to prove additional faults, which included cruelty, rape and incest.
Share on Facebook The purpose of this article is providing important information for individuals seeking legal counsel during or before divorce.
This information will contain pertinent questions to pose to your divorce attorney, as well as other items for individuals to consider during the divorce process. The Start of Divorce Proceedings Divorce proceedings begin by filing a document known as a complaint.
In a divorce case, there a wide number of grounds that these complaints can be filed upon. Commonly, however, divorces are filed on the grounds of irretrievable breakdown of a marriage, or irreconcilable differences.
Depending on the situation, however, there are a wide number of grounds for divorce that may have arisen during the course of the marriage. Following the Complaint for Divorce filing, a divorce court will issue a summons and a copy of the complaint to your spouse.
In the event your spouse, and not you, filed the complaint first, an attorney will prepare, produce, and file an Answer to the claim, as well as a possible counterclaim requesting for divorce as well.
Motions may be filed requesting relief from the Courts regarding a specific problem regarding your divorce case. Common examples of motions made before or during a divorce trial, before the final hearing, include: Temporary restraining orders Temporary custody of dependants Payment of legal counsel fees In addition, other motions may prove applicable in certain instances.
Generally, clients must appear during pretrial motions regarding the custody of children or financial support issues. Orders given by the court regarding pre-trial motions are known as temporary orders. Temporary orders are judge decisions that will stay in effect until the final hearing of the divorce case.
Discovery in a Divorce Case During the discovery phase of a divorce case, attorneys will attempt to ascertain all of the information, facts, and evidence that will be presented in the divorce case during a trial or the final hearing.
Important information will include items that are economic and non-economic. This period is important, as it will provide all of the information needed to present sound legal arguments, present settlement options, or even complete a fair case and final hearing in front of the Court.
The length of time needed for the discovery period of a trial will be influenced by factors, such as: Resistance from the other party Problems in obtaining the information requested The general complexity of the information needed Other obligations legal counsel may have at a given time Expert testimony and evidence requirements for parts of a case Generally speaking, the length of all aspects of a divorce case is entirely dependent on the willingness of both divorcing parties to cooperate with the divorce proceedings.
|Drafting a Chronology of Events||So go through all the documents available to you date book, email files, cell phone bills, bank records, tax returns, notes made at meetings or in phone conversations when you start the drafting process.|
Often, trying to make haste or set certain deadlines for a divorce case will be a grave disservice to your legal options and the probability of obtaining a favorable outcome. Especially regarding the discovery phase, attorneys must be allotted a large amount of time to ensure every aspect of information is gleaned regarding the case.
At times, certain time statutes of may prevent the expedition of the divorce proceedings. One example will include your attorney requesting information from a spouse, such as for producing documents to review.
In these cases, the spouse will have thirty days to comply with this request, per the Rules of Domestic Relations.
After the divorce hearing, there are mandatory waiting periods before a divorce is final.Example 3 of 5 (chronology) 6 Years, 6 Months ago My original link doesn''t work (now 3 - 4 years old!) so I am re-posting these examples.
I take no credit whatsoever, they have all been offered to me from peeps on this site and I wanted to make them easy to find so that others could benefit.
When people decide to get a divorce, they usually don't know what to expect. The following chronology gives a general idea of how the average divorce proceeds.
A Timeline setting out a Chronology of Events during Divorce Financial Proceedings. Free templates for family law documents, statement of issues, chronology, schedule of assets. Deborah Nelson Family Law For help writing a Position Statement check out our Blog Post or you could download the template here.
Deborah Nelson, Family Law a qualified and Experienced Family Lawyer and McKenzie Friend. Affordable help with court and the family law process. For a divorce, the basics will always include date of cohabitation, date of marriage, births of any children, dates when jobs of both parties stopped and started, dates of any separations, and dates when major assets such as houses were acquired and sold.
Guide to Writing a Defendant Chronology Our monitor went into felony arraignment court, and the judge was reading the case summaries and events.