Dissolution of marriage is often a distressing and emotional process, even under the best of circumstances. Not only must you come to terms with the end of your marriage, but you will also need to prepare for life after your dissolution. Whether you were the primary wage earner, stay at home parent, or part of a dual-income household, life is going to change and you will need to put yourself in the best position possible in order to plan for those changes and ensure you get what you need to begin your new life. The professionals at the Heskin Martinez Law Group have the experience necessary to help you through this tough time so that you can focus on other things. Our team has to experience resolving cases through the use of mediation and the collaborative process to save you both time and money if possible to do so. While most cases are ultimately resolved amicably, we are also prepared to bring your case to trial for resolution by the judge if all attempts at an amicable resolution have failed.
The Process
Either you or your spouse will begin the process by filing a Petition for Dissolution along with other pleadings related to the issues in your particular case. When you hire the Heskin Martinez Law Group we will prepare the necessary pleadings that are appropriate for your case. Your assistance and input will be needed and we strive to keep the lines of communication open so that you are informed throughout the process.
Once filed a sheriff or process server will serve the responding spouse. If you were not the one that filed you will be the one served and will then have an opportunity to file a counter-petition to present whatever issues you want to be addressed to the Court. Once served, the responding party has 20 days to respond to the Petition for Dissolution and potentially file a counter-petition or risk defaulting on the case. 45 days after service Mandatory Disclosure (which can be waived) is due from both parties. At that point, we will determine what other discovery is necessary to resolve your case and proceed accordingly.
Administrative Orders
In most counties, there is an Administrative order that is intended to prevent one party from dissipating assets or starving the non-monied spouse out during the process. In fact, the orders typically provide that there is an obligation to pay child support even before there is a Court Order.
Parties are also admonished against withholding contact with the children. Both parties have equal rights to the child(ren) and shared parenting is encouraged from the very beginning. Failure to follow these guidelines can adversely impact the final resolution of your case. Thus, it is imperative that you get the correct advice and guidance at the beginning of the case. The attorneys at the Heskin Martinez Law Group get actively involved in guiding you as needed at the very beginning of the case in order to prevent any unintended adverse consequences later on. The last thing you want is to make a mistake at the beginning of the case out of anger or misinformation that will adversely influence the Court when it makes its final rulings.
Please call us if you have any questions about Dissolution of Marriage. Call us at 407-403-5990 or contact us (below) to schedule your appointment.
