Married couples always start off with the best intentions and try to make things work during a marriage. Unfortunately, not all marriages are meant to be. When it comes to divorce, it's also great if a couple can resolve any issues they have informally. But if you and your soon-to-be ex can’t come to an agreement on your own, you might have to go to court to determine who gets what, from the kids to the coffee table.
Here is a quick overview of what you can expect in family court and the final judgment of divorce.
Family Court and Final Judgment: The Basics
The vast majority of divorce cases reach some sort of settlement, whether through informal negotiation between the spouses (and their attorneys) or through more structured proceedings such as mediation or collaborative law. But in some divorce cases, no settlement can be reached. This is usually because the spouses are too far apart in their respective wishes and what they see as fair solutions on issues such as child custody, child support, and property division.
In these situations, the divorce will be handled in civil or "family" court, at the county/district branch of state court where the divorce petition was filed. A single judge usually presides over the case and issues a final judgment of divorce, although one or both spouses may have the right to request a jury trial.
The Court Process: Evidence and Arguments
In family court, attorneys for each spouse present evidence and arguments related to the divorce on issues like child custody and visitation, child and spousal support, and property division. Evidence in a divorce trial can come in the form of:
As each side presents its own evidence and arguments, the other side has an opportunity to question witnesses and challenge evidence through "cross-examination" -- challenging the witness's story, testing their credibility, disputing documents, and otherwise attempt to discredit or discount witnesses and evidence.
The Court Process: Final Judgment of Divorce
After hearing and examining all evidence, the judge (or jury) will issue a final ruling resolving the divorce and all surrounding issues. Once the judge reaches a decision, he or she grants the divorce and enters a judgment finalizing the divorce and all related issues.
This judgment dictates a number of things about the now-divorced couple's rights and obligations, including:
Once a judgment is entered, either or both spouses can appeal a trial court judge's decision to a higher ("appellate" or "appeals") court, although it is unusual for an appeals court to overturn a judge or jury's decision in a divorce case.
Questions About Family Court and Final Judgments? Talk to a Lawyer
While you may hope for an amicable divorce and agreement on all issues, couples often have to litigate their case to a final judgment of divorce in court. Whether it's resolved informally or formally, however, you're going to need a strong advocate by your side to make your case and fight for your interests. Contact an experienced family law attorney in your area who can help ease the stress of a divorce.