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DURING
THE PENDENCY OF THE DIVORCE
This period is usually spent in defining the issues and trying to
resolve them. We also
attempt to find the net worth of the parties and the general
financial status of the family.
Interrogatories may be sent out requiring answers under
oath from the recipient, which may, in part, request complete
financial data. Depositions
may be taken to obtain further information from the other spouse
or those that have the needed information.
Appraisers, actuaries (if pensions are involved),
accountants or behavioral people may be used.
You and your attorney, after the discovery work has been
completed, will set the goals you wish to obtain.
This will not be done hastily, but you will be given
opportunity to study the proposed settlement.
We will advise you as to the likelihood of acceptance of
your proposals of what a court may do.
If settlement is not reached at this point, the court may appoint
a mediator to help resolve the matter, or the parties may agree to
a mediation. If no agreement is reached, the mediator makes a
recommendation to the court.
In rare instances, an arbitrator is appointed and his
recommendation is binding on both parties.
A meeting may be called, with both parties present, to try to
resolve as many issues as possible.
This is a voluntary process, and either party may decline
to attend.
If
settlement is reached, the parties will be asked to sign a
property settlement agreement containing all the provisions of the
settlement, or they may be asked to approve the final Judgment.
Further, the parties may be required to approve the
settlement in court, before the judge, after it is placed on the
record.
JUDGMENT
The Judgment of Divorce is the most important document you will
receive. After a
settlement is reached and/or the case is tried, the Judgment of
Divorce will be entered by the court, as your final decree,
granting you a divorce. It
will also contain clauses dealing with such matters as alimony,
custody, child support, visitation, insurance, dower rights,
property settlement and other miscellaneous clauses.
If a settlement has been reached, you must carefully read
and examine this Judgment and have it explained to you before you
approve it.
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