This blog will shed some light on what happens when all else fails, and you must start court proceedings for divorce. Unfortunately, when there’s been a breakdown in communication and you cannot get through to your ex-partner, you need to get a divorce lawyer involved as soon as possible. Depending on the circumstances of the case, for example, one of the partners wants to escape an abusive relationship, you want to start court proceedings right away.
It is very important that when you tell your relationship story to your lawyer, provide the full picture: be complete, honest and truthful. Do not leave out any information and provide evidence and proof. Your lawyer needs to know what information needs to be put into the application especially if children are involved. The application needs to be very detailed in terms of children including child custody, child access and child/spousal support. Dates are especially important because a timeline allows a judge to understand the information and have a better understanding of your side of the relationship.
If court proceeding has not yet started, your divorce lawyer will submit an application and you become the applicant. If court proceeding has started, you have a set number of days (usually 20 days and you can ask for an extension of 10 more days) to respond to the application and you become the respondent in the matter.
It cannot be stressed enough how important it is that your lawyer knows in detail your relationship history. This way, your lawyer can better represent you in front of the judge. Whether you are initiating an application or responding to one, the judge is not asking you questions. They are reading the affidavit and trying to understand your perspective especially if you’re asking for certain things like child access, child support, primary residence, spousal support and a division of the property.
Another matter that is extremely important and you have to be consistent with, is the separation date, when did the relationship end. If the partners involved dispute the separation date, you will have to provide proof to actually show when the separation did occur.
Another thing that is also very important is the disclosure of the financials from both partners, you and your ex-partner, because we will be asking for support whether it’s child support or spousal support.
There will be a lot of communication between lawyers, your partner, as well as a judge present. There may be a lot of temporary orders issued. Although it’s best to avoid a trial, this depends on how severe your family case is.
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