Final Trial when Issues are Still Contested in a Divorce
If mediation was unsuccessful, you now must convince the court to decide your way on contested issues such as property division, child custody, child support, and visitation schedules.
The final hearing is attended by both parties. You must also bring any evidence and witnesses. Remember, the court will not consider evidence or witnesses that the other side did not receive advance notice of.
The judge will listen to both sides. Typically the petitioner goes first. The petitioner calls each witness and direct examines them. This consists of a series of questions. The other party, the respondent, gets to cross examine each witness after the petitioner's questions. When the petitioner is done the respondent gets to go through the same process.
When the respondent is done the parties give closing statements. The judge will consider all facts and evidence presented at the hearing. The judge may also consider the demeanor of the witnesses. Put simply, demeanor consists of facial expressions and mannerisms that may suggest honesty or dishonesty. Also, the judge may consider anything that has a direct impact on the issues at hand.
The judge will give a decision regarding property division, alimony, child support, custody, and visitation. The judge will then request one of the parties prepare and mail a proposed order. This order must be sent to and approved by the opposing party. The only grounds for non-approval would be if the proposed order does not match what the judge decided. If approved, the order is mailed to the judge, signed, and entered in the court records.
The judge's judicial assistant will mail "conformed copies" to both parties. These copies serve as legally binding orders. When the final order is signed, you are legally single.
Divorce can be the single most important event in your life. Make sure you gather lots of information so you can make informed decisions. Many people can benefit from the advice of a good, honest, loyal divorce attorney. The Divorce Center can provide a divorce attorney that can help you protect yourself. A lawyer is not an expense in a divorce case - they are an investment. We help clients in Hernando County, Pasco County, Pinellas County, and Hillsborough County. Our service area includes Tampa, Clearwater, Largo, New Port Richey, Brooksville, Dade City, and the New Tampa area. CONTACT US NOW or call 888-469-3486




