Divorce FAQ Page
Do I Need An Attorney?
Divorce can be one of the most difficult times in your life. The divorce procedure can be difficult to navigate. You will need to make decisions related to your lifestyle, your child’s lifestyle, your spousal support needs and more. The Law Office of Daniel J. DeRienzo can work with you throughout your divorce to help you understand your options and make confident, educated choices about how to proceed.
Timely action in divorce proceedings is critical to avoid a default hearing, which is why it is important to consult with a divorce attorney if you have been served with a petition for dissolution. If a response to the dissolution is filed within 20 days, the case can proceed in one of two directions. Either a settlement agreement can be reached or the case will proceed to trial. Sometimes, a settlement agreement is reached after an initial period of investigation or controversy.
What Is A Petition For Divorce?
A Petition for the Dissolution of Marriage is the very first document that needs to be filed to start a divorce. It must be filed with many other mandatory documents. The petition must contain certain information. If all the proper documents and/or information is not included, the petition will not be valid and you may lose your filing fee and have to start all over again. Our office will handle all of the necessary paperwork. If you must go at this alone, at the very least consult with an attorney so that you do not start off on the wrong foot.
Can I Settle My Case Without A Trial?
Yes. Most divorce cases settle without a trial. However, to get to a favorable outcome, you must present your best case.
Mediation is a process where the parties meet with an impartial mediator to discuss settlement. Ask your attorney or his staff about these services.
What Is The Discovery Process During Divorce?
Any person representing themself in a divorce is held to the exact same standard as an attorney. If you do not produce documents and information pursuant to the Rules of Family Law Procedure, you can be held in contempt and/or prohibited from introducing your evidence at trial.
Knowing these rules can be used to your advantage. Often, it will be necessary to use these procedural rules to obtain information. If your spouse keeps the books and has all of the financial data, disclosure and discovery may be used to obtain the information you would not otherwise have access to.
The lack of appropriate discovery can often lead to poor results.
How Is Spousal Maintenance Determined In Divorce?
The court may order spousal maintenance. There is no formula to determine how much or how long. How much and how long is entirely up to the judge. You need an attorney familiar with the statutes and case law to navigate this often mysterious process. Mr. DeRienzo has a degree in accounting and finance and will be able to present the Court with all the information necessary for the Court to make a fair determination.
Contact Attorney DeRienzo Today
There are many potential issues involved in a dissolution of marriage. Knowledge of the pertinent facts is very important, but your comfort with our service and staff is equally important. The Law Office of Daniel J. DeRienzo will carefully walk you through the steps of how to get a divorce. We have the experience and the compassion to make even this difficult time less stressful and to give you the hope and optimism for your new life.