The Post-Trial and Post-Hearing Stages of a Divorce Proceeding
When a couple files for divorce, it can become a complicated matter that will require time and an understanding of what goes into this motion for ending a marriage. Divorce is a complex legal issue that can have lasting effects on both you and your spouse as well as any children involved, family, and even friends.
If the divorce can be handled amicably, then the proceedings may be much faster and less stressful because the couple is coming to an agreement cooperatively and without argument. However, there are always cases where either litigation or mediation is required and the couples will have to either go to court or attend meetings where they can reach a settlement. It is what happens after the trial or hearing is complete that many divorcing couples may not know or understand.
In the event that you and your spouse decide to file for divorce, you will need an experienced San Diego divorce attorney there to help you with your case. At Huguenor Mattis, A.P.C., we are dedicated to providing excellent services and the utmost quality representation to our clients during all stages of a divorce from start to finish.
Before delving into the particulars of a post-trial process, it is important to understand briefly what happens prior to this. There are usually three options involved with divorcing: amicable agreements between both spouses, mediation to settle out of court, or litigation with a trial where a judge rules on the final divorce decisions.
At the trial, the judge will hear both parties’ cases before making his ruling on the divorce. Some issues that the judge will decide on include child support and spousal alimony, along with the division of assets including the house, cars, valuables, and anything else that was acquired during the course of the marriage.
Once the judge has heard all the evidence, he will make a final ruling regarding the case.
First, the judge will issue a Judgement of Dissolution of Marriage, which will be written up between the judge and the attorneys. This document will outline all the judge’s rulings surrounding child support, child custody, visitation schedules, alimony, division of assets and any other pertinent issues related to the case. With this document, both spouses will understand who is entitled to what and what the terms of their divorce agreement are.
Next, a Notice of Entry of Judgement must be filed and sent to both parties informing them that a judgement has been entered regarding their case. Within this Notice will be the appeal date deadline, usually within 60 days of receipt, where either party can file a motion requesting the court to reconsider the ruling on different parts of the case.
After the trial is complete and necessary documents are filed, both attorneys will have to carry out the judgement and begin transferring any property or assets, and financial accounts.
Finally, the divorce is not finalized until six months after the initial filing began. Once this six months has passed, it will now be up to both former spouses to actually adhere to the judgement or risk being called back into court for refusing to follow what the judge ordered. Failure to abide by the ruling can result in the judge altering his original decisions.
Any step in the divorce process can seem overwhelming to the couple who is experiencing it. This is why it is important to have experienced legal counsel there to assist you from the early filing stages to those final steps after the judgment has been made. These are complex legal matters that need to be handled carefully and considerably by Huguenor Mattis, A.P.C., who understands what is required through each step in the divorce process and can help explain and walk you through the necessary post-trial and post-hearing procedures. Give us a call today at (858) 458-9500.