Iâve Hired an Attorney. What Happens Next in My Divorce Case?
Written by Jack Carney
So you’ve hired an attorney for your divorce. It’s important to now understand what happens next in your divorce case. Here are eight (8) important events that you’ll need to be prepared for during this process.
- Provide a narrative of important events (what is important to you is important to us), in chronological order, if possible, to your attorney. This is usually the story that you told the attorney at your initial meeting. Be sure to include important events that you want your attorney to know about. About three to five pages should be plenty.
- Provide your attorney with the information to fill out the necessary legal forms. In divorce court, there are numerous forms that need to be filled out and filled out correctly. Don’t delay. We like to send our clients these forms right up front so we can start gathering information.
- Help your attorney get your “pleadings” in order. A pleading is a formal written statement filed with the court outlining the claims and defenses at issue and establishing the issues to be decided by the court. This is really your attorney’s job, but they must have your complete cooperation in answering all applicable questions.
- Disclose your assets and liabilities to your attorney and to the court. You will be under oath when you fill out your financial affidavit, so get off on the right foot. It is never a good idea to hide assets or debts.
- If you have suspicions that your spouse is using drugs or participating in shady behavior, talk with your attorney. They may suggest hiring a private investigator.
- Carefully prepare your request for temporary orders. Give detailed narratives to your attorney outlining what you want and why, and also an estimate of all anticipated expenses associated with your requests – temporary custody, child support, payment of debts. It is very important to remember that temporary orders can often stand for the entire length of the case, so take them seriously.
- Be concerned about temporary orders and other necessary documents. If temporary custody is involved, focus on getting your story (affidavit) and the story of those also involved. For example it is a good idea to get affidavits from people who interact with you, including your spouse and children. The affidavits will be filed with the court. Temporary order requests and counter affidavits often must be filed 14 days after service. Usually, the court gives you 28 days to answer any lawsuit. But, this does not necessarily apply to temporary orders in divorce court.
- Tell your attorney if you own property that was brought into the marriage or inherited. Such property should probably be listed as separate property on your disclosure sheet and not be subject to division. Have documentation to support your claim.
- Lock up any potential bonus your spouse may be receiving later in the divorce process by using a restraining order. To do this, however, her employer must be named as a party in the divorce.
Article author
About the Author
Jack Carney is a sole practitioner attorney practicing law in the areas of personal injury, family law and social security disability. He had been a practicing attorney for over 20 years. He have lived and worked in Central Ohio for most of the past 35 years. While attending night law school at Capital University, he learned the ropes of the legal system by serving as a law clerk/bailiff and later staff attorney at the Ohio Court of Claims, located in Columbus Ohio from 1988-1991. He has graduated from Capital Law School in 1991.
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