The income and expense declaration is an involved document that contains a substantial amount of economic information pertinent to the person who is submitting it. The principal purpose of the document is to give the judge some idea of the financial circumstances of the parties, so that he or she can make adequate determinations of child support and/or spousal support.
2.Service
The other spouse must be served once the moving papers have been filed with the court. Normally this happens within thirty days from the date that the petition is filed.
3.Uncontested divorce
Many divorces go through uncontested. In an uncontested case, the client communicates the agreements the parties have arrived at to his or her lawyer. The attorney then prepares all of the necessary paperwork, secures the required signatures, and mails the paperwork to the court for processing. Then, completing the process only takes a few short weeks. In the event the parties just separated, it is a matter of filing the appropriate paperwork and serving the other party. The first requirement is separation for six months. Then, the divorce becomes final after a quick hearing.
4.Contested divorce
If a divorce cannot be resolved as an uncontested divorce matter, the steps that follow may come into play. Responsive pleadings. The spouse is required to responde within 15 days of the papers being served. This response is accomplished through the completion of certain required paperwork. Usually these “responsive pleadings” will include a “response” (which answers the allegations of the petitioner’s petition) and a income and expense declaration containing economic information pertinent to the respondent. With the filing of the responsive pleadings, the case is “at-issue” (i.e. the case is in dispute, and ready to move on).
5. Discovery.
Information and facts that are critical to the effective resolution of a dissolution. The bulk of the information each attorney has usually comes from his or her own client. But, other strategies for acquiring information do exist. The time for formal gathering of information from the other party begins once the case is at-issue. There are formal procedures and devices that facilitate the gathering facts. They include written questions, referred to as “interrogatories”; requests for documentation and other physical evidence, referred to as “demands for production of documents and other tangible things”; face to face interviews of the spouses by the opposing attorney, referred to as “depositions”; as well as other less frequently used techniques.
6. Temporary Relief.
The completion of a dissolution action can, and usually does, require a substantial passage of time. However, in many cases there is an immediate need for court orders. Examples include the need for restraining orders, child support, spousal support, etc. To help meet these “immediate” needs, there are procedures that can lead to temporary relief. For example, temporary restraining orders, and temporary support orders. The temporary order remains effective until the court has the time to issue more permanent orders. The document utilized to make these temporary requests to the court is called an “order to show cause.” Sometimes it’s called a “notice of motion.”
7. Trial.
Most people assume that the matter will result in a court trial. In fact, only a small percentage of cases result in a trial. There are several reasons for this. First and foremost is the shortage of courtrooms – there aren’t enough of them. As a consequence, the system has developed such that negotiation is expected and demanded by the courts. The policy is to resolve family law matters outside of the courtroom.
Of course, the courtroom will put to use if a settlement cannot be reached. The pressure to settle, that the court creates, is significant. Another reason is the cost of legal fees. Trial requires substantial attorney time – resulting in substantial fees and costs. Therefore, settling outside of trial will save you money. A New Orleans Divorce Lawyer can help you finalize your agreement.