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May 16, 2020

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The Court’s Role in Divorce

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Dealing with a marital split is something that you never dreamed would happen, yet it is precisely what you find yourself doing. When a relationship ends, even when both parties agree it’s over, it doesn’t make it better.

A divorce is a legal process dictated by the laws of the state in which you live. Since states set their requirements, you may find that friends who have divorced in other jurisdictions had a much different experience than the one you have. Understanding local laws can help prepare you for what is to come in one of the most divisive and challenging things a person can go through. Here are some of the things you may face in your divorce.

Property Division

When divorcing, you and your ex may reach resolution and agreement on some issues, but others may find you deadlocked. In these circumstances, the court will step in and review the record to make choices. Dividing property is something that the court often has to deal with. Financial issues are something that couples may find themselves unable to agree on. Aside from child custody, money and debt can cause the most pressure, stress, and fights during a divorce. The court may be forced to step in and divide what the couple cannot.

Court-Ordered Counseling

Depending on where you live and the type of divorce you have, the court can require you through court-ordered counseling. In many cases, this has to do with children. When kids are involved in a divorce, the court wants to ensure that it has the children’s best interests over all others. Thus, the parties may need to attend a session with a psychologist. The purpose of such a session is to decide if there is any reason why one parent should have more or less custody than the other. After the initial session, the judge may send one or both parents back for more, or they may be satisfied with one.

Mediation or Arbitration

The judge may allow you and your spouse the opportunity to maintain control over your future and attend mediation or arbitration for your case. This allows you and your lawyers to talk things out with the assistance and in the presence of a third-party. This person is there to help you reach compromises that can significantly benefit your future. If either of these processes fails, the next step is court.

The divorce lawyer, like a divorce lawyer in Frisco, TX, you choose to help you through your divorce is integral to its success. Finding one close to your town may prove more beneficial than you realize. 

 


 

Thanks to Scroggins Law Group for their insight into the court’s role in divorce proceedings.