- April 22, 2014
- Category: Family Law
Before the Family Court the divorce takes when there is no agreement between the spouses. This process begins with the filing of the complaint by the lawyer, invoking the corresponding causal for that matter, causes that are enshrined in the Civil Code.
With the filing of the complaint must attach evidence that demonstrate the existence of the grounds invoked, the birth certificates of minor children, civil registration of marriage and birth of the spouses, in addition to the ownership certificates goods that are part of a couple.
Divorce can only be claimed by the spouse not guilty of those facts, and in this process are only parts spouses, except when they are minors, in which case their parents may intervene or family advocate, especially in the existence of minor children.
As mentioned in the agreements and the approval of the court, the vast majority of divorce cases can reach some kind of agreement; either through informal negotiations between spouses, or through more structured processes such as mediation and collaborative family law.
In very few cases of divorce is not possible to reach an agreement , and this is usually due to the requests of the parties are far apart from each other , either because they cannot agree on issues such as child custody and division of property. In these situations the divorce takes place in the “family” section where the request was sent. This branch is located in the county or district in his state court. Often, a single judge presides over the trial of divorce, even if one or both spouses may have the right to request that his case be heard by a jury.
The Process of the Court: Evidence and Arguments
In family court, lawyers for each of the parties present evidence and divorce and related matters such as child custody, visitation, child support and spousal support, and division of property arguments. The evidence in a divorce are presented as follows:
- Testimony of the spouses;
- Testimony of a witness. You can include the children (if old enough) or expert witnesses (financial analysts, experts in the valuation of the property, etc. . .)
- Documents. This includes those related to community property and finance.
While one party has its own evidence and arguments, the other party has the opportunity to cross-examine witnesses, and to question evidence through what is known as ” cross- examination ” . Thus the accuracy is challenged in the statements of witnesses , documents that cause conflict , and other attempts to discredit witnesses and evidence or discount .
The Process of the Court: The Decisive Failure
After hearing and considering all the evidence, the judge (or jury) will mandate the divorce and related matters will be resolved. Once the judge makes a decision, granted the divorce and give the final ruling, ending with this divorce and all related matters. The ruling gives a number of issues concerning the rights and obligations of divorced. For example:
- Child custody, living arrangements and visitation schedule;
- Division of community property, debts, and resolve other financial matters;
- Child support and spousal support (board): who pays, who gets how much, when, etc..
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