Since 2015, I have been representing clients in Family Law matters. From divorces to adoptions and everything in between, I've seen it all. While you have many choices for family law attorneys, I strive to be different. It is my goal to make sure you fully understand each step in this process, all of your options, and help you explore the potential outcomes. Check below to see how.
Divorce
This is day one. It starts with a consult with your attorney. We'll discuss the details of your situation and decide the grounds for divorce, the court to file in, and a rough estimate of what you would like to be granted on the back side of this process.
We will then draft your pleadings, have you review them for accuracy, make necessary changes, and sign them.
This part is easy. We will contact the clerk of the Court where your case is to be file, get the exact fee from you, and will file your case. This is where your 60 or 90 day countdown begins.
While some spouses will come pick up the paperwork we've filed, most of the time we'll have to send out a process server to deliver the paperwork. You'll provide us with possible times and locations where we can find your spouse and my process server will do the rest. Fees are due after service is completed (or unable to serve) and typically range between $50 and $100.
Once your spouse is served, he or she will have 60 days (90 if there are children) to file an answer. This typically comes in the form of hiring an attorney to do so, but your spouse may proceed without an attorney's assistance.
If he or she does not file an answer in the given time, we will file for a default and set it for a hearing. A default is where we say to the Court, "Court, my spouse didn't file an answer within the time allotted. Please give me what I've requested." And the Court typically will.
If your spouse answers, or if there is another reason to do so, we may file a motion for temporary relief. In this motion, we can seek alimony (if appropriate), a temporary child custody plan, exclusive use of a home or vehicle, or many other things.
This step is not always necessary, but frequently is used. Keep in mind that, depending on the Court we've filed in, there may be a hearing on the day we've set, or the Judge may give us a special date to hear our motion.
I typically issue written discovery as soon as an opposing party files an answer to the Petition. We've developed a very effective series of questions to send in discovery that are tailored to all sorts of divorce issues -- finances, parenting, assets, debts, drug abuse, etc.
I sometimes also send out requests for your spouse to make specific admissions. This is a powerful and underutilized discovery tool.
Finally, before or after mediation, we may conduct depositions, where each party will be questioned on the record by the opposing attorney. This is not always utilized, as it can become expensive in both attorney hours and court reporter fees; however, when it is, we'll have a meeting to prepare you for your deposition.
Mediation is the single most powerful tool in a Family Law attorney's arsenal. Mediation is where all the parties sit down (usually in separate rooms) and discuss the possibility of settling their case. This is facilitated by a mediator -- a neutral third-party who will helps both sides see the strengths and weaknesses of their positions and hopefully find agreeable settlement terms.
Mediation is one of the last opportunities to craft a settlement that fits you. When a judge makes a decision, it doesn't typically have the fine-level of detail that a party-crafted agreement does. This is the time to settle, if at all possible.
Keep in mind that a mediator cannot force anyone to settle for any terms. They cannot make any decisions for you or for your spouse, but their services are invaluable -- oh and they're also required by the Court.
If mediation doesn't settle all of the disputed points of your divorce, then we will proceed towards trial. We will get a trial date in the week or two after mediation. It is often during this time that the parties weigh the risks associated with trial and realize that certain offers at mediation weren't unreasonable. We can send offers and otherwise negotiate between the attorneys all the way until trial. Some cases even settle mere moments before trial.
Unfortunately, this is where a bulk of attorney time is spent. The actual trial typically only lasts two to three hours, but an attorney has to know your case inside and out. We have to prepare exhibits, determine witness lists, and create outlines to make sure that we don't leave a single thing out at trial.
On the day of trial, you, your attorney, and all of your witnesses will arrive at the Court. The attorneys will make opening statements and the party who filed the initial pleadings will begin calling witnesses. The other attorney will cross examine each witness and try to show the facts in the best light for their client.
At the end, you will be pronounced divorced and the judge will read off their decisions as to each contested matter, and as I mentioned above, the Judge's decions will likely be pretty generic. The Judge won't be carving out a plan that is fine tailored. Keep that in mind before you get here.
After the Judge makes a ruling, one attorney will draft the final documents: order of divorce, permanent parenting plan, child support worksheet, etc. It will then be passed to the other attorney for approval. If it is approved, then it is sent to the Judge for signature.
If the parties disagree as to what the Orders should include, each party will draft a version of the order and submit it for consideration. This is called lodging an order.
Once you get the final order back, you have thirty days to appeal if you still wish to contest the case, but that's another can of worms.
Schedule Your Free Meeting
Shawn Wilson
Attorney at Law
101 S. Jefferson Ave.
Cookeville, TN 38501
Email:
shawn@shawnwilsonlaw.com
Initial consultations are 100% free. Legal fees thereafter vary depending on difficulty and area of law.