The divorce litigation process is nearly identical to the litigation process in any other civil litigation, with one exception in divorce and other Family Law cases the parties have the ability to seek temporary orders. Temporary Orders are orders that last during the pendency of the Family Law case. Other than this exception, each divorce case proceeds with the following steps: (a) filing of a Complaint or Petition, (b) filing of an Answer and perhaps a Counterclaim, (c) completion of Discovery, (d) scheduling and attending a Pretrial, and (e) scheduling and attending a Trial. For a more complete discussion of the litigation process see the "Overview of the Litigation Process" tab of our website.
It is at this critical juncture, before the litigation process even starts, that the advise of a seasoned professional, such as the attorneys at T.R. Spencer Law Office, can be most beneficial to you, the potential client. The staff and attorneys at T.R. Spencer Law Office, have significant experience in divorce litigation and can help you get through this process with a minimum of stress. Please call so that we can discuss the unique facts of your case.
Written by Staff.
In theory, Protective Orders are Court orders which are obtained by a party who is in fear of immediate physical abuse by a spouse or cohabitant. In reality, however, Protective Orders are almost exclusively used to obtain an upper-hand in either divorce or child custody litigation. Protective Orders do not follow the normal litigation process. An initial Protective Order is obtained without the knowledge or consent of the spouse or live-in significant other. If you have been served with a Protective Order, don't blow it off or treat it as unimportant. The violation of a Protective Order can result in you landing in jail or having supervised visitation (parent-time) with your children. Contact T.R. Spencer Law Office immediately for an appointment if you have been served with a Protective Order.
Written by Staff.
The short answer is yes, but you must meet certain requirements. Existing Court Orders related to custody, visitation (also known as parent-time), child support or alimony are subject to modification if the party seeking the modification can demonstrate that there has been a substantial and material change in circumstances which warrant such a change. Please contact one of our attorneys to see if the facts of your case warrant the change in a exisiting current permanent order.
Written by Staff.