FamilyLawMatters-MN.com » Divorce

WHAT OPTIONS ARE THERE WHEN NEGOTIATING DURING A DIVORCE?

Lisa Watson Cyr — Mon, 21 Sep 2009 23:13:37 +0000

HOW DOES THE DIVORCE PROCESS START?

Lisa Watson Cyr — Tue, 15 Sep 2009 20:59:06 +0000

WHAT HAPPENS AFTER MY SPOUSE HAS BEEN SERVED DIVORCE PAPERS?

Lisa Watson Cyr — Fri, 21 Aug 2009 23:14:55 +0000

HOW DOES THE DIVORCE PROCESS WORK?

Lisa Watson Cyr — Tue, 21 Jul 2009 15:16:27 +0000

The divorce process is basically comprised of four phases:� Commencement Phase, Information Gathering Phase, Settlement Phase and Trial Phase.� � Phase 1 is the beginning or commencement stage.� A divorce is commenced by the personal service on the other spouse of documents called the Summons and Petition for Dissolution.� Service of the Summons and Petition can be accomplished by a third party delivering the papers to the spouse or if the spouse is willing to acknowledge receipt of the papers by signing an “Admission of Service”, the papers can be delivered through the mail. After the Summons and Petition have been properly served, the spouse will have 30 days to serve upon the initiating spouse his or her Answer to the claims in the Petition.

The second phase of the divorce process is the informational gathering stage.� During this phase, information is gathered and exchanged regarding such things as the assets and liabilities of the parties, incomes and monthly expenses.� � Lawyers are able to procure the necessary information through process of either formal or informal requests for documents and information.� Sometimes depositions of the parties are taken to gather information but generally the needed information is obtained through written requests for information.� This stage is often referred to as the “discovery” stage.

Phase 3 of the divorce process is the Settlement Phase.� During this phase, settlement of the issues will be attempted through negotiation or by employing some form of alternative dispute resolution (ADR).� The most common form of ADR is mediation.� This is a process where a neutral third party assists the parties along with their lawyers in reaching settlement of the issues.� Mediation is a confidential process and the mediator does not have any decision-making authority.

The fourth phase is the Trial Phase.� If the parties are unable to reach a settlement of all their disputed issues either through negotiation or some form of ADR, then any unresolved issues will be decided by a judge after a trial.� A trial is a process where each party is given the opportunity to present testimony and evidence on the disputed issues to a judge who then makes a decision for the parties.� Most cases never get to the trial phase due to settlement which is quite fortunate since the Trial Phase is very expense due to the great deal of preparation needed for a trial.

THE DIFFERENCE BETWEEN MEDIATION & ARBITRATION

Lisa Watson Cyr — Sun, 21 Jun 2009 23:11:01 +0000

HOW LONG DOES IT TAKE TO GET A DIVORCE?

Lisa Watson Cyr — Sat, 21 Feb 2009 15:25:22 +0000

If all issues are undisputed, a divorce can be completed in as little as a few weeks. If there are major disputes that need to be litigated in court, the divorce can take many months. On average, a divorce that settles out of court takes two to five months. A divorce that requires a court trial takes, on average, twelve to eighteen months. The amount of time it takes to obtain a divorce depends on the specifics of the case; however, there are ways to help speed up the process.

Most cases settle before trial during the settlement phase of the divorce proceeding.� The sooner the parties have gathered and exchanged the information needed to start settlement negotiations; the sooner settlement may be achieved.� Thus, parties can substantially affect the length of a divorce proceeding depending on the level of cooperation in gathering and providing the information requested by the other party.� Not only does being obstinate in responding to information requests hinder settlement, but that type of conduct could result in sanctions being imposed by the assigned judge.