Tuesday, September 6, 2011

Divorce Attorney

When a divorce lawyer commences a divorce action, it is often done through a Summons with Notice, meaning that the other spouse will be served with a notice that an index number (i.e. file number) has been purchased with the court, but no documents have yet been filed with any substantive allegations.  If what you are looking for is an opportunity to present a neutral third party with a laundry list of all the things that annoy you about your spouse, the venue for that would be therapy, Confession (or the religious counseling of your choosing), or (preferably) a heart-to-heart with your spouse.

When a marriage is irretrievably broken, divorce attorneys and the courts are concerned not with fixing the marriage, but rather with facilitating the parties' transition into separate lives and households.  Aside from any child custody issues (which may or may not be addressed in the same proceeding), a divorce action is a winding-down of the financial partnership of a marriage.  Your lawyer may file or defend an application for pendente lite relief, meaning interim relief while the action is pending regarding such issues as temporary child custody, use and occupancy of the marital residence, or continued support and maintenance from the more-monied spouse to the less-monied spouse.  A divorce lawyer will assist you in preparing a statement of net worth, where you catalog your marital and non-marital assets and debts, and there may be discovery (i.e. depositions and document requests) regarding those assets and debts. Eventually, there is either a settlement or a trial, resulting in a Judgment that finalizes the dissolution of the marriage and unwinds the financial relationship between the parties.  

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