Going through a divorce can be extremely tedious. While most people consider it as a problem instead of a solution, it is important to know the ins and outs of the process and what to, and what not to expect. People usually try to circumvent the involvement of a lawyer, but that is where most people can suffer losses! The involvement of a divorce attorney is important as they know the entire process.
Let us take a quick look at a few important stages of a divorce.
1. Filing a petition for divorce
The first stage is where you file a summons in the court, asking for a divorce. Summons or petitions are certain common documents that can be found online or sought from your attorney. Once the petition is filed, it needs to be served to your spouse. Note that you cannot serve the papers yourself.
2. Temporary orders
The next stage of a divorce is called temporary orders, wherein you can file a motion seeking certain things from the court such as,
- Asking for possession of the family house.
- Asking for the spouse to move out.
- Asking the court for payment of attorney fees, if you cannot afford the same.
Once the motion is filed, there will be a hearing. But if you want to circumvent the hearing, you may work out mutual terms with your spouse, if possible.
3. Discovery
Discovery is the third stage of a divorce, wherein you along with your attorney, simply collect important documents for finalizing the divorce. The discovery stage may also involve depositions wherein you and your spouse along with witnesses shall testify under oath.
4. Settlements
The fourth stage is when, in case of conflicts, a mediator is hired, who helps with the settlement of issues. Most of the divorce cases get settled through mediation. So, make sure you hire an adept professional for this purpose.
5. Filing final orders
The last step of a divorce process is to draft and file the final orders as a result of settlement. If the case is not settled through a mediator, it goes to trial, which is then the only way to finalize it. This is where you will need a skilled attorney, who will prepare you and the witnesses for oral testimonies, and help you with other legal matters as well.
The process is therefore, long drawn and can be extremely taxing. Litvack Dessureault avocat fiduciaire will help you understand the necessary elements of the divorce proceedings and guide you throughout the process.