Sometimes, life kicks you while you are down. Often times, financial stress causes marital problems contributing to divorce. The financial woes which caused problems in the marriage often get worse during and after the divorce process.
The process of divorce is difficult enough without involving attorneys who increase the acrimony. The common perception of the divorce attorney is of an insensitive, aggressive individual who fights like a bulldog no matter what the issue. While you should have a divorce attorney who will protect your rights and fight if necessary, having an attorney who is easy to hate may not be the best idea. If you cannot stand to be around your divorce lawyer, chances are your divorce will be equally uncomfortable. When children are involved, finding an attorney with the right skill and personality is of utmost importance.
Most divorce cases, even if they begin as contested matters, are settled prior to trial. Financial issues can usually be resolved once all relevant information is exchanged, appraisals completed, etc. While sometimes property distribution must be decided by trial, usually maintenance (alimony) and child custody are the unresolved issues necessitating trial.
The discovery process can be both the most useful and most frustrating part of the divorce process. Discovery allows you to receive any information relevant to the divorce action. In order to have the right to discovery, demands must be timely made. Usually, at your initial court date, the court will set deadlines for discovery. If these deadlines are not met, you may lose your right to make demands or, if you fail to timely respond, you may have certain issues decided against you.
You have your first court date scheduled in your divorce action. What can you expect on this date?
Once the summons is served, what happens next? First, if the summons is personally served within the State of New York, the defendant has 20 days to respond. If the defendant is served outside the State of New York, the time to respond is 30 days.
This is the first in a number of posts I will be making regarding the divorce process. Unless you have been through it before, the divorce process can be confusing. Many do not know what needs to happen when, or what will happen next in their divorce.
For most individuals, the decision to leave their marriage is not an easy, quick decision. Instead, it is something carefully considered over a long period of time.