The divorce process is hard in itself, but you might want to know about the things that happen during the court hearings. Ensure to hire a divorce attorney who can give you an idea of what happens, but if you want to know immediately, keep on reading to find out more.
A divorce hearing can be quite similar in nature to a normal trial, but instead, families are dealing with issues that are the root causes of divorce. Usually, in a divorce hearing, the parties from both sides will bring forth witnesses to support the claims made by the party, which is the main ground for divorce.
The judge will listen to the testimonies and then a thorough study is done of the situation the two parties are in. Everything is discussed, from the length of the marriage, the number of children you both have, and the financial assets you both have in your names. After that, the agreement is done.
After the testimonies of the witnesses and the sealing of the verdict, you will be called to court on another date to go over the financial division. If you have been married for a long time, or even have assets in both names, then these need to be divided equally or provisionally, depending on the state or country you live in.
In some states, the assets are divided equally, whereas, in other states, they are divided among the two parties according to their financial situation. Whatever the case may be, you will need to discuss these details with your attorney, before making any decisions.
During the final verdict, the judge will also grant custody of the child to either one parent, or suggest co-parenting, in case the child is less than 18 years of age. If the child is 18, then she/he can make her/his own decision as to which parent they want to live with.
The decision can be appealed after the final hearing, but this will set you up for another court hearing and some trials until the issue is resolved. This can be time-consuming and it also comes at a cost, so you need to make your decisions wisely.
Appeals can be made after the divorce hearings. The appeals are usually made on the grounds that one or both parties don’t see eye to eye with the court and its decision and they want to challenge these verdicts in court. Obviously, this means presenting more evidence to convince the court to overturn their decision and consider the case again.
An appeal can also be made due to the unjust division of properties and assets and even the custody of children. You will need to present a strong case to represent your appeal in court and to convince the judge or jury that the decision made by them is unjust.
Provision Of The Divorce Certificate
After the divorce hearing, if there are no oppositions against the decision given by the court, then the process moves toward the final step, which is making the divorce certificate. The divorce certificate is a certificate from the court that the two people are no longer married and they have no right to appeal this decision anymore. First, a divorce decree is issued, and later you can get a divorce certificate.
Obviously, the court does give you time to go over the decision and to apply for an appeal if you want, but if there is no response after the given time, then the procedure is moved further into the provision of this certificate.
Is A Trial Worth It?
Usually, divorce cases will go to court and the judge will be a mediator if the issues and dissolution of marriage are impossible to do through talks between the two parties. There can be many reasons for this. Either the couple is too volatile and won’t sit down to have a mature conversation or there is some ill intent from one or both sides.
Divorce without the involvement of judges and lawyers is ideal since it is not that expensive and mentally and physically draining.
There you have it! It’s good to know what kinds of things are discussed in a court hearing for divorce, so you can be better prepared for what’s to come next. Look for the best divorce lawyers Fairfax VA to improve your odds of winning the case.