Several parties may be involved in a Montgomery County divorce. The spouse who initiates the filing for divorce is called a plaintiff, and they get to put on their case first. The filing spouse’s attorney usually drafts the complaint and serves it the parties involved in a Montgomery County divorce. It is responsibility of the filing spouse’s legal representative to draft the appropriate papers and request relief in terms the court can understand. They must inform the court of the contested marital issues, relevant facts patterns, and what they are seeking. A filing spouse’s complaint is the first piece of paper that the court sees regarding their case, and it is a very important document during Montgomery County divorce litigation.
While the filing spouse is responsible for making sure their divorce papers are properly served, it is their partner’s job to respond thereto. When a spouse gets served with divorce papers, they should seek legal counsel immediately and refrain from entering litigation on their own. The responding party’s lawyer would draft an appropriate answer to the complaint and may include a counter claim to advocate for the defendant’s interests.
The Roles of the Courts
There are several hearings in front of a magistrate judge that the parties involved in a Montgomery County divorce would be required to attend before they can be heard by a family law judge. Whether it is a magistrate or a judge, they would be ruling on certain temporary matters both during the divorce process and in a final hearing. Whatever they rule or decide is very important in each case, so it is advisable to seek professional guidance from an attorney who can advocate for a spouse’s needs on their behalf.
A divorce coach is not required but is more common in collaborative dissolutions. However, a divorce coach could be a licensed therapist to help a spouse cope with emotionally difficult aspects of the process. It is highly encouraged that both parties going through a divorce have a strong support system, especially if they have any mental health problems.
A mediator is very crucial in filing for divorce in Montgomery County. The parties involved in a Montgomery County divorce would be required or ordered to go to mediation if a judge decides that it would be appropriate for them to do so. If custody is contested, the parties should utilize the services of a mediator more than once during the process in order to facilitate settling their issues and avoiding a trial.
Children of a divorcing couple are the most important part of any divorce process. The courts consider the best interests of children the most important guiding principle for all custody decisions. It is very important that the children of a divorcing couple receive the emotional help that they need. The parties, under the guidance of their counsel, should consider what is best for the children’s stability. Parties involved in a Montgomery County divorce must discern which parent is more financially capable of providing for their shared children so that their lives are not turned upside down. Kids should not be used as pawns between divorcing parties.
If the parties have a lot of conflict, their attorneys could guide them to make the best decisions for their children while going through litigation. Children are often caught in the web of their divorcing parents, and long term damage is possible. For help with avoiding emotional trauma during a divorce, consult with an experienced Montgomery County attorney before taking any action that may effect your children.