Divorce Court Proceedings

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The United States of America has witnessed the highest number of divorce cases as compared to any other country in the world. Statistics reveals that more than fifty percent of marriages end in a divorce. Each state in US follows separate laws. Thus, the divorce court proceedings in each state also varies and it is extremely important to understand the laws of the state to begin any divorce proceedings. A court plays a significant role in finalization of a divorce process. A county court's family division oversees all requests for dissolution of marriages. All final hearings and orders are decided and issued by the court at their discretion, based on the nature of the case.

A couple may opt for a no-fault or at-fault divorce depending on their situation or choice. A no-fault divorce often solves the divorce decision in a much faster and easier way. While in at-fault divorces, the complications of the case are more. The legal process in a divorce may involve issues of child custody and support, spousal support, property and debt division, etc. When a couple reaches a mutual agreement in settling all these issues, they file for an uncontested divorce. In an uncontested divorce, the court proceedings are much simpler and on meeting all requirements with respect to laws and settlements, the final decree of divorce is passed. While in a contested or litigated case, the couple fails to come to an agreement because of the increased level of conflicts between them. In such a situation, the courts intervene and decide on all factors keeping in mind the rights of both the parties in a fair manner. The decision of family court with regards to child custody, visitation or support acts in the best interest of the child. Recently there have been ways of divorce settlement like mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts.

Decisions taken during Divorce Court Proceedings

• Who is responsible for the expenditure in college?
• How to consider tax laws while determining property and support issues?
• What plan must be made for the grandparents to spend time with their grandchildren?
• Can the custodian shift the minor children to another state?
• How much contribution should one spouse offer to another spouse and whether it would be temporary or permanent?
• Is it essential that the non-custodial parent should make a financial contribution as support for the child? If yes, how much?
• How to distribute the assets attained by the spouses during marital life?
• What would be the arrangement for contact of the children with non-custodial parent?
• Which spouse would take the responsibility of the maintenance, control and care of the minor children?

What should be done prior to Divorce Court Proceedings?

• It is advisable to conduct an early settlement panel before walking in the court
• An early settlement panel comprises of both spouses along with their respective lawyers
• The location of this panel is the court house
• These four individuals discuss the various aspects of the marital settlement agreement
• This is a very crucial step as it enables some of the problems to be resolved before presenting the details to the judge

• When people watch movies or television, they view that the good spouse wins the divorce proceedings. However, in reality, the scenario is quite different
• The final decisions are taken by the judge as per his/her discretion. So, it is not necessary that these would always be in a specific spouse's favor. It is essential to retain this reality in mind. It would assist in carrying yourself conservatively and properly during the court proceedings
• The toughest phase of divorce proceedings is when the judge announces the decisions regarding child custody and visitation. The divorce laws of the particular state and the proofs that the attorneys have presented in the court decide the outcome of these topics
• If the previous three points are taken into account, the conclusion is that one must approach the divorce court with an open mind and with a readiness that anything may happen. The outcome of the case is completely unpredictable

It may be essential for the spouses seeking divorce to speak in the court. In such a scenario, the spouses must adhere to the following protocol -

• The spouse must thank the judge for offering him/her the opportunity to disclose his/her point of view
• The spouse must call the judge as "your honor"
• It is very essential that the spouses have read the rules of acceptable demeanors that are essential in the courtroom
• Any spouse must not utter any bad statements regarding the other partner
• The spouses must follow the lead of their respective lawyers

Divorce court proceedings are crucial in determining the final verdict of a divorce case. The family court makes a fair decision for each party and it is absolutely binding by law, unless appealed to another court. The court proceedings may be time-consuming, expensive, complex or simple based on the type of divorce that has been opted for. It also depends on the respective state or jurisdiction law from where the divorce has been filed.

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