How to Deal With Divorce Court in the U.S.

Divorce can be a complex process especially if it is contested by the other party. The process can involve seeking child custody, support and visitation, spousal support as well as the division of marital assets. Whether you choose to represent yourself in court or do so through an attorney, understanding the divorce process can help you to deal with divorce court in the United States. Although different states have different divorce laws, there are some general principles that you can follow to have a successful day in court.

Instructions

    • 1

      Research the divorce laws in your state to understand the regulations on divorce and how the court works. Consult online sites such as Cornelll University Law School for a summary of divorce laws in your state. Keep all the information from the disclosures, admission of facts made by your spouse as well as testimonies from witnesses. Use this information to present your case in the divorce court.

    • 2

      File for a legal separation after you have filed for the divorce petition if your state requires you to do so. Indicate in your legal separation petition the agreements you and your spouse have reached regarding child support and custody as well as division of property. Negotiate the provisions of the agreement until both of you come to a compromised agreement. Request the court to create and enforce a legal separation if you cannot reach an agreement with your spouse. Sign the document together with your spouse and file it with the court clerk.

    • 3

      Attend your trial hearing on the date set by the court. Bring with you all proof to support your case whether you are the defendant or the plaintiff. Carry evidence such as title deeds to support your case for marital asset division; bring birth certificates, report cards and medical records to show you have been supporting and caring for your child.

    • 4

      Present your case at the trial hearing by stating the reasons why you are seeking a divorce. Bring along witnesses such as your child, medical doctor, or a relative to support your argument. Indicate what you would like the final divorce judgment to contain in terms of division of assets, child custody, support and visitation as well as spousal support. Allow your spouse to make his case, too.

    • 5

      Receive the divorce judgment from the judge after the end of the trial. Note your rights and responsibilities with regard to assets, the children and spousal support as contained in the final judgment. Serve your spouse with the final divorce judgements if he was absent from the trial hearing.

    • 6

      File for a motion to appeal or modify the final divorce, if necessary, by writing a written appellate "brief". Indicate in the brief the legal reasons and evidence why the court's decision was incorrect. Request for modification by obtaining forms from the court clerk and filling them. Indicate the areas of the divorce order that you want modified and the reasons why these areas should be modified. File these motions with the same trial court that handled your divorce and wait for a decision. File an appeal with your state appeals court if the trial court denies your appeal using this same procedure.

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