The Litigation Process
PRE-PLANNING – In some cases the pre-litigation conduct greatly affects the course of the litigation which follows.
An Order of Protection, which gives the protected party sole possession of the home and of the children during the pendency of the pending Domestic battery charge, can be followed by a Divorce Case and a Temporary Custody Order. Unilaterally removing the children from the marital home can result in a Divorce Case with an Order for the children to be returned to the home during the pendency of the case.
FILING A DIVORCE CASE – No Divorce Attorney encourages divorce. Nevertheless, if you are going to file for divorce there are certain perceived psychological advantages to being the Petitioner including being the party who was wronged, who is need of relief and who is not afraid to deal with the issues. There are also certain perceived procedural advantages to being the Petitioner such as the right to present evidence first at the trial of your divorce case.
GATHERING THE EVIDENCE – Logic will carry the day. Angry, emotional outbursts are not the evidence the Court will need to decide your case.
SETTLE OR FIGHT – After the evidence is gathered, if the facts are clear, most such cases settle. When the facts are not clear, the evidence disputed and the parties cannot agree an independent third party, namely, the Judge, will hear the evidence at trial and enter an order in accordance with the law.
LAWYERS HELP GREATLY IN THE PROCESS – Judge's do not, absolutely do not enjoy conflicted pro se (no lawyer) cases. There is a lot to know. There is a lot of explaining to be done and Judges are in no position to explain because they cannot offer legal advice.
Even the simplest case requires a Family Law Attorney to ensure your rights are protected.
Whether you are contemplating, initiating or responding to a divorce, a Divorce and Family Law Lawyer at The Divorce and Family Law Offices of Wakenight & Associates, P.C. will discuss your situation with you for FREE.
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