Divorce is something that nobody ever wants to go through, however the reality is that many people are unhappy in their marriage or have circumstances occur that necessitate this process to occur. Rather than having the process seem scary and unfamiliar it is best to understand the steps for filing a divorce. First of all, an individual typically consults with an attorney. If you find yourself in San Antonio, then the Law Offices of Jan Perry Lederer is a great resource. They have a strong focus on various issues regarding divorce such as child custody, spousal support, asset division, child support and visitation to name a few. But how does getting a divorce work? The first thing to do is that one side needs to file a petition for divorce and have it served upon the other individual. The person filing the document is known as the petitioner and the other individual is known as the respondent. This petition lays out the details of when and where the couple was married, if they have any children, goes through their assets, and explains why the Court should grant their petition for being divorced. Once this is filed, and served on the other individual involved, they have an opportunity to respond to the petition. Once the petition is filed, the Court must issue temporary divorce orders. These are orders the parties must adhere to during the process of the divorce proceedings until everything is figured out and settled. Such orders typically include child support and who is to pay it until things are finalized, spousal support also known as alimony until things are finalized, and child custody until things are finalized. Even though these are temporary, they are still considered to be legally binding and both parties must adhere to the orders or else they could be found in contempt.
Once the orders are in place, the process of discovery begins. Depending on how bad of a divorce, or how much information there is to sift through this can take a relatively short time or drag on for many months or even years. There are five steps in this process. Disclosures are first and this is when the attorneys on both side send requests to the other for documents or information in their possession. Interrogatories are next, and is when each attorney sends a list of questions they want answered to the other side. Third, is admissions of fact. This is when both attorneys send to the other side a list of facts according to their point of view and the other individual is to either admit or deny the validity of such facts. Request for production comes next, and is when both attorneys send a list of documents they want the other side to produce. This typically includes more personal information such as bank records or business information. Given the detail of these requests often this takes a long time and is when attorneys try to thwart the process so as not to give up information regarding their client. Finally there are depositions. This is when key witnesses are asked questions under oath and their testimony can be used in Court. Although this is not comprehensive, it is a general overview of the divorce process.