The process of divorce is not always easy. Once you have made the difficult decision to end a marriage, you may face a complicated court process that is emotionally draining if it includes other matters such as child custody, child support, spousal support or division of property. Knowing what to expect can help you feel better prepared to navigate this difficult time in your life. The experienced Charlotte divorce attorneys at Remington and Dixon are here to answer all your questions about filing for dissolution of marriage.
The divorce process begins when one spouse files an action for Absolute Divorce. Doing so initiates a lawsuit against the other spouse. Like any lawsuit, the respondent has the right to be notified of the lawsuit by sheriff or certified mail and also has a set amount of time to file a formal response to the lawsuit with the court. The response is usually a generic form with simple statements that either agrees with the statements in the petition or deny them. Once this response has been filed with the court and served to the petitioning spouse, the case moves on to an investigation phase.
2. Discovery and Disclosure
Like other lawsuits, divorce cases involving child, support issue or property division have an investigation period known as the discovery process. Discovery is a formal process with rules that are set by law. The attorneys will exchange information, documents, and witness lists. They will also request specific information from the other spouse. This information comes in the form of written responses to questions, requests for documents, and depositions. Throughout these investigations, the attorneys must formally notify each other of the evidence they intend to introduce at trial, known as “disclosure.”
3. Settlement or Trial
A family law case can settle at any point in the process. Sometimes a divorcing couple is able to file a settlement agreement with the court very quickly. Such an action is common when there are few assets to divide and no children to require custody arrangements. A settlement can also be reached at any point in the discovery process. (Often, these investigations show an attorney the strengths and weaknesses of each side of a case, and this allows them to engage in more productive settlement negotiations with the opposing counsel.) If a settlement agreement cannot be reached, the spouses have the right to take their family law case to a bench trial, meaning that a judge will decide how to divide debts and assets, make custody arrangements, and determine how much child support and alimony must be paid.
Experienced, Aggressive Divorce Attorneys for Charlotte Family Law Cases
A divorce involving minor children or multiple assets can be a difficult process. The process takes a serious emotional and financial toll, and you may not be able to protect your own legal rights under these stressful circumstances. You don’t have to go through the divorce process on your own. The experienced Charlotte divorce lawyers at Remington and Dixon can prepare you for every step of the process. Our family law attorneys have experience handling all types of family law cases, and clients throughout the Charlotte area have trusted us to help them through one of the most difficult experiences of life. Call (704) 247-7110 or visit our website to submit a request to schedule your consultation.
Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others.