In the United States, divorce is a civil right that is governed by state law. Most of the time, divorce is a contested matter between spouses who are not in agreement on issues such as property division, child custody and support. Some states allow the parties to resolve their differences through mediation or other alternative dispute resolution processes. In other cases, the parties must go to trial before a judge or jury. During the trial, both sides present evidence and call witnesses to testify on their behalf. Once the judge makes a ruling in the case, it becomes final and cannot be appealed.
Divorce laws vary by state, but the general process begins with one spouse filing a petition for divorce with the court. The spouse who files the petition is called the “petitioner.” The spouse who is served with the petition is called the “respondent.” Once the respondent receives the paperwork, he or she has the right to file a counter-petition or an answer. In some jurisdictions, the spouse who is filing for divorce may be required to participate in a mediation or settlement conference before the court will enter a judgment of divorce.
During the divorce case, both spouses can request temporary orders such as spousal and/or child support, joint or separate maintenance and/or custody of children. The court will consider the financial situation of both spouses and the needs of any children involved before granting any orders. The judge will also take into account the length of the marriage and any other factors that may be relevant to the case.
If a judge finds that a couple is unable to reach an agreement on some or all of their issues, the case will be sent for trial. During the trial, both spouses will be required to appear before a judge or jury. Each spouse will have the opportunity to present evidence and call witnesses on their behalf. The judge will then make a decision on all of the issues in the case, such as property division, child custody and alimony/spousal support.
Most courts have a no fault divorce system, which means that the spouses do not have to prove that one of them was at fault for the marriage’s end. However, some countries require that the spouses cite a reason such as irreconcilable differences or extreme cruelty in order to get a divorce. It is important for spouses to remember that they should never accuse their spouse of wrongdoing, as this could negatively affect their chance of receiving a favorable ruling in the divorce case on issues such as alimony and/or child custody. A judge will only rule favorably on a divorce if they have the facts and evidence to do so.
Davis and Associates, Attorneys at Law, LLC has Miami divorce attorney that is experienced in handling international divorce cases, including cases that have assets in more than one country. We can help you resolve your disputes and move forward with your life in a positive way. Contact us today to schedule a consultation with a Miami divorce lawyer. We can provide advice and counsel via video conference, telephone, Zoom, or in person. Our offices are located in Miami, FL. We serve clients worldwide. Upon request, we can provide you with an English-speaking translator or other necessary resources for your case. We look forward to hearing from you. Please note, a fee is charged for the provision of these services. The fee is typically based on the complexity of your case and the amount of work required to complete your divorce.