A divorce is not a fun experience for either party. However, understanding the process of a divorce, and having a qualified divorce attorney on your side can help to ease the frustration and difficulty of the situation. The following guide will provide you with an idea of what to expect when you File For Divorce in Suffolk County, NY.
Divorce Petition
The first step in filing for divorce is the divorce petition, which should be filed with the Clerk of Courts. This document is basically a request of divorce and it also details any compensation that you may feel you are entitled to from the other person. Some states call this document a Letter of Complaint, either way the function of the document is the same. The document will identify you, your spouse and any children the two of you may have together. You will have to list a cause for the divorce whether it is irreconcilable differences or other incompatibility. This divorce petition will be served upon your spouse by a member of law enforcement.
Temporary Divorce Orders
The court may issue this order to outline certain actions that must take place immediately and until the trial takes place. Generally, issues such as child support or child custody are addressed in these types of orders. This order is considered legally binding and not following it will put you in contempt of court. Being in contempt can land you in jail or at least cost you money in large fines.
Discovery
A discovery is a legal term that is defined by the gathering of information for the divorce proceedings. A disclosure is a part of the discovery and requires the attorneys to request certain documentation or evidence for each of the spouses. A deposition is sworn testimony by both parties involved. This process can usually take the longest and it can make your court proceedings drag on for some time.
Divorce Court
If you cannot resolve divorce during mediation then divorce court will be necessary. This process will involve going in front of a judge and trying to hash out all of the details until both parties can reach an agreement. You will need to discuss proper courtroom etiquette with your lawyer before going to trial so you do not speak out of turn or embarrass yourself in front of the judge. Visit us for more info.
