TOP-RATED DIVORCE LAWYER

When starting the divorce process, one spouse (known as the Petitioner or Plaintiff) files a divorce petition in court, outlining their desired outcomes. Don’t be surprised if this initial petition asks for more than expected – it often serves as a wishlist. If you’re the other spouse (the Respondent or Defendant), you’ll need to respond within a specific timeframe, either admitting or denying the points raised in the petition.

Early on, either party can file temporary motions to address pressing matters that can’t wait until the divorce is finalized. However, most try to work out temporary agreements outside of court to save time and legal fees.

During the discovery phase, you’ll gather evidence to support your case at trial. This includes showcasing your strengths and preparing for potential challenges from your spouse.

Settlement discussions are common and often lead to favorable outcomes. A settlement offers you and your spouse more control over the final judgment, reduces costs, and minimizes stress. It’s wise to avoid direct negotiations with your spouse, though, as miscommunication can escalate conflicts.

In some states, you might attend a pretrial conference where both sides discuss the case’s merits, often with input from the judge. This phase helps everyone understand a trial’s emotional and financial toll, which can encourage more reasonable negotiations.

Although only a small percentage of divorces end up in court, it’s essential to be ready for trial if needed. The length and complexity of the trial can vary, with each side presenting its evidence. Some courts allow opening and closing arguments.

Divorce stirs intense emotions, but remaining focused on making rational decisions is crucial, especially when children are involved. Seek guidance from reputable divorce lawyers in NYC and other trusted sources. Your divorce attorney is a crucial advisor, but remember that essential decisions are not solely their responsibility.