The divorce attorney files a summons and complaint in the appropriate court. These are legal documents that advise the person who is being divorced that proceeding are beginning. Once the documents have been received, a response answering the claims and presenting any defenses to the claims can be issued.
A divorce action is determined after the summons, complaint and the responsive motions are filed. Both attorneys for the divorcing parties then determine if the divorce will be non-contested or contested. Non-contested divorces mean the couple agrees to the divorce. A contested divorce may involve a trial or a hearing before a judge. The divorce attorney will act for the client in both cases.
In a non-contested divorce the divorce attorney will instruct his client to gather personal and financial information. The parties will sit down and partition possessions, spousal and child support and child custody. A settlement contract is drawn up by the divorce attorney that outlines the rights and responsibilities of each party. If the parties do not agree to the settlement, the divorce becomes contested and a trial or hearing will be the result with the judge determining allocation and custody.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi - nmarangi@pacbell.net
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