why would a lawyer ask the other party to file a divorce

The other party sees this at the time they are served. This allows them to know exactly what you want and come up with a counterattack. Sometimes Pay More Fees – The individual who petitions for divorce first might have to pay the filing fees.

Full Answer

Do I need an attorney to get a divorce?

Dec 04, 2015 · You Alert Your Spouse to Your Demands – When you petition for a divorce, you usually have to list your desires or demands. The other party sees this at the time they are served. This allows them to know exactly what you want and come up with a counterattack.

What happens if each spouse files for divorce?

The spouse who files first can ask the court for temporary orders before notifying the other spouse of the initial divorce filing. These orders might limit what each spouse can do with marital funds or property, protect one spouse from the other, award temporary child custody, or grant temporary child or spousal support.

Can a divorce lawyer talk about my case in public?

Courts usually schedule a hearing simply by looking at its own calendar of availability. The court then sends out an order setting the hearing date and time to the parties and their divorce attorneys. Thus, often a situation arises where either a party or his/her attorney has a scheduling conflict with the date selected by the court.

Does it matter who files for divorce first?

May 11, 2016 · Occasionally, a person who is representing himself or herself may file a separate divorce petition on purpose in order to “correct” or argue against statements made in the divorce petition filed by his or spouse. This is not allowed, and these arguments will need to be made in motions or during court hearings in the original divorce case.

What if the other party does not want a divorce?

Assuming your spouse does not file a response, a judge will file a default hearing on your uncontested divorce. You must attend and request the divorce in person; the court will then ask you about matters regarding property division and child custody.Mar 16, 2020

What happens when a woman files for divorce?

She may be asking the court to allow her to live in your house, give her full custody of your children, award her additional child support, order large spousal support, or grant her control over community assets. Since your wife has filed for these Temporary Orders, the court has set a hearing date.

How long does it take to get a divorce if both parties agree?

Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.

What is a divorced woman called?

divorcée. A divorcée is a woman who is divorced.

Why does the moving spouse have an advantage over the non-moving spouse?

There are several reasons why the moving spouse may have an advantage over the non-moving spouse: The spouse that files for divorce often controls how fast the proceedings move. The initial divorce paperwork contains the moving spouse's allegations as to the factual grounds (reasons) for the divorce.

Can you divorce your spouse without the court?

In some cases, both spouses can come together and make tough divorce-related decisions on their own, without involving the courts. When this is not possible , the next best solution is to hire an attorney to help you negotiate with your spouse or your spouse's attorney.

Is it fair to ask for half of the fees for divorce?

This may not be a fair representation of the situation, but it may influence your judge's views about the case. The spouse who initiates the divorce may ask that the other party pay for half or more of the fees associated with the filing. This may not be fair, but it is often part of the process.

Can a spouse file for divorce if they are not moving?

In some divorce cases, the spouse who does not file for the divorce (non-moving) may face harsher consequences than the moving spouse.

What is a continuance in divorce?

A continuance gives you and your divorce attorney more time to prepare for your hearing . This would include time to consult experts and possibly retain expert witnesses; obtain a professional appraisal on property or an evaluation on custody or parenting time issues; conduct a deposition for the opposing party or their experts; or simply have more time to develop your strategy and testimony.

What to do if you object to a continuance?

If you strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you can file a written Objection to the Motion to Continue, and file it with the court.

Can a continuance damage your case?

How a Continuance Could Damage Your Case. While both of the above circumstances can be used to gain benefit from a continuance, in some circumstances, continuing your hearing could be detrimental to your case. For instance, if you are requesting a hearing on which school your child will attend in the fall, you don’t want to risk your hearing taking ...

Can you control the court on a motion to continue?

While you cannot always control how the court will rule on a Motion to Continue, the above information outlines your options for letting the court know your feelings on the Motion, and also provides you with information on making the best of a continuance if it is granted. To arrange an initial consultation to discuss divorce rights ...

Can a court hearing be pushed to a later date?

This will usually result in a later hearing date than the one presently reserved, as the court’s calendar continues to fill up after your hearing was scheduled. While having your hearing pushed to a later date can be frustrating, it could actually benefit your case in some circumstances.

Can you request a continuance hearing after school starts?

For instance, if you are requesting a hearing on which school your child will attend in the fall, you don’t want to risk your hearing taking place after the school year starts if you can avoid it. Some states’ courts require the party requesting the continuance to check if the other party objects to rescheduling the hearing.

What happens if you file two divorces at once?

If two cases are started at once, one party will need to withdraw his or her petition. Usually, the person who filed the second case will ask the judge to dismiss it, and the divorce will proceed in one court only.

How to contact Pacific Northwest Family Law?

If you are getting a divorce or need to file an action for child support, contact Pacific Northwest Family Law today by calling 590-572-3700. By: Zachary C. Ashby.

Can a spouse file for divorce in different states?

Finally, simultaneous divorce cases may be possible if the spouses live in different states. For example, if a wife moves to California and files a divorce petition there, her husband may not want to attend court out of state. To prevent this, he might try to avoid service of the divorce paperwork until he can file his own case in Washington.

Can a spouse file for divorce if the marriage is not working?

Divorce. Sometimes a couple realizes that their marriage is not working and decides to file a joint petition for divorce. In other cases, one spouse may be unaware that the other is filing for divorce until he or she is served with the paperwork.

Can a person file a separate divorce petition?

Occasionally, a person who is representing himself or herself may file a separate divorce petition on purpose in order to “correct” or argue against statements made in the divorce petition filed by his or spouse. This is not allowed, and these arguments will need to be made in motions or during court hearings in the original divorce case.

Does each state have the power to issue a divorce decree?

While each state has the power to issue a divorce decree for its residents, the judicial system in general frowns on two cases in two different courts attempting to determine the same issues between the same parties.

Can you file for divorce in two different counties?

Usually when two spouses file for divorce in two different counties or states, the spouse who files first can succeed in having the other spouse’s case dismissed. Whether this is possible depends on several factors including, the time of filing, the rules for initiating dissolution in the state or county, where evidence exists ...

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Where do settlement conferences take place?

Settlement conferences typically take place at the courthouse in the judge’s chambers. Your spouse may take things more seriously if a judge is involved. If you’re dealing with a spouse trying to delay your divorce, you need to stand firm and continue to push forward.

Do divorces take time?

Couples with more complicated assets and custody issues usually have longer and more expensive divorces. Some aspects of a divorce simply take time. For example, in many states there’s a mandatory waiting period in a contested divorce.

Can a divorce petition be filed in your favor?

However, your spouse’s failure to file a response to the divorce petition can actually work in your favor. After you’ve served your spouse with a divorce complaint and the response deadline has passed, you can seek a default judgment. In a default judgment, a judge can grant you exactly what you requested in the divorce petition.

How to prepare for divorce?

If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. Make copies of all your financial documents and legal records before your divorce proceedings begin.

What to do when a divorced couple has a large amount of assets?

Don’t forget to consult an attorney. A lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters.

What to do in a contentious divorce?

In more contentious divorces, an attorney can make sure that your interests are represented in court. Even in a “friendly” divorce you are often better off hiring a lawyer to help file paperwork and guide you through the court system. 2. Don’t neglect your finances.

Is it normal to want to tell someone about divorce?

Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.

Do family and friends have good intentions when divorced?

Your family and friends may have good intentions, but their divorce experience is based on the facts and circumstances that are unique to them and may not apply in your situation.

Can you use your kids to manipulate your spouse?

This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.

Can you have a relationship outside of marriage during divorce?

Even if you and your spouse no longer live together, in some states a relationship outside of marriage can become an issue during the divorce process. With all of the changes going on in your life, avoiding any type of romantic relationship is often the best thing to do for your emotionally. 8.

Why do divorce attorneys work hard?

Divorce attorneys work hard to achieve favorable and fair results for their clients. Good clients appreciate the effort, even if things don't always work out the way they hoped. Many clients are never happy, win or lose, and are not afraid to let their attorney know it.

Why do I get divorced?

If I had to bet, I would say that one of the reasons you are getting divorced, or already divorced is because of conflicts with your spouse over parenting. It's very common and one of the more stressful phases of a divorce.

What should an attorney tell you?

Here are five things your attorney really wants to tell you, but doesn't because he wants to maintain the relationship and keep you as a client. You're better off knowing this though because it will influence your relationship with your lawyer and the value he/she provides to you. Advertisement. 1. You call too often.

What happens when you retain a lawyer?

When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential.

Do attorneys charge hourly?

Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time. Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.

When should an attorney contact you?

Your attorney will contact you when he/she needs something from you. There are periods in every case where nothing is going on and there is down time. Your attorney should give you periodic updates on the status of things and it's ok to check in yourself, but daily calls are unnecessary and only run up your bill.

Do divorce attorneys get paid?

Attorneys are not free. They get paid for provide you with their time, knowledge and services. Now, it's often the case in a divorce that money is tight and most attorneys are sensitive to this, but they have to pay their bills too and can't work for free. You can't expect them to work for free.