Filing For a Divorce and Your Court Strategy

When a couple wants to end their marriage, getting a divorce is the right decision to make. Upon the issuance of the final decree of divorce, the marital contract between the spouses is dissolved. All their properties will be divided based on the property regime which governs their marriage. In the absence of an agreed pre-nuptial arrangement, the court will take into consideration the factual circumstances of the case in deciding how the properties will be partitioned. After the divorce proceedings, the spouses are legally free to contract another marriage and start a new chapter in their lives. An order for the finality of divorce may contain a child support or custody order from the court.

The question that is commonly asked by a party who wants to get a divorce is how the complaint for divorce can be filed. The first step that needs to be done is to prepare the pleading which is termed as the complaint. All the material allegations must be stated in the said pleading with a proper prayer for the issuance of a divorce decree. This complaint must be filed with the court of proper jurisdiction. This is an important requirement since failure to do such may lead to the dismissal of the case on the ground of grave abuse of discretion amounting to lack or excess of discretion.

To ensure that the right pleading is filed in court, it is imperative that you seek for the assistance of a divorce lawyer. There are many attorneys in the city whose expertise revolves around divorce cases. Take some time to look for the best legal counsel by making your own research or asking friends and acquaintances for recommendations. Take note that the lawyer can make or break your case so it is important to hire only the best legal counsel.

Once you have already chosen the right family attorneys to handle your case, the next smart move to make is to construct a strategy on how you can get a favorable judgment after the divorce proceedings. Constantly meet with your attorney to discuss the important matters of the case and to prepare the necessary evidence that may be presented before the court. During the pendency of the case, avoid contacting your soon to be ex-wife or ex-husband in order to avoid miscommunication with the other party. It will also prevent you from entering into any settlement or agreement with him or her that may be prejudicial to your interests in the case.


References: Where to File for Divorce


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