Initiating a Divorce
There are various formal documents which must be prepared in order to initiate a divorce.
The first document is the "Complaint". This is a legal document
similar to nearly all documents which start a lawsuit. You must remember that a divorce
is in fact "litigation". Ultimately, if no agreement can be reached on division of
property, custody of children, or on other matters, a judge will hear evidence presented
by both you and your spouse, and make a decision based on that evidence. However, it
can take several months before the judge has a chance to schedule your case for the three
to six hours usually allocated for divorce cases. The question often asked is, "What do I
do after I have decided to get divorced but before I have a trial or reach a final settlement?"
The answer is the "temporary hearing". We schedule a temporary hearing for you by
filing a "Motion for Temporary Custody and/or Allowances".