Commonly Asked Questions After Divorce Is Filed


Can A Spouse Refuse To Sign Divorce Papers?

Yes, absolutely. No one is going to force them to do it because that’s their right to do it alone. When the lawyers at Bobby Barina’s office have a spouse who does not sign it, the lawyers do not apply any pressure. If that spouse refuses to sign, that’s their right and they can hire an attorney.

They can represent themselves but at that point, attorneys have the process server or a member of local law enforcement who will professionally give them the paperwork, fill out an affidavit so the judge and the district clerk’s office and the world would know that they know of this divorce process. Attorneys wait the requisite amount of time and they set it for a hearing on that petition for a divorce and they simply proceed with or without them.

Once the judge has ruled, their signature is not really required. The lawyers put a paragraph in there. If they do sign it, they know what it says, if they don’t sign it, you don’t have that paragraph.

What Steps Can An Attorney Take To Assist Someone’s Spouse In Accusing Them Of Abuse Either For Financial Gain Or For Custody?

That’s the informal discovery process. The law office has formal discovery where they ask depositions, questions or participating depositions and written questions but in that process, they talk to family and friends, and get a list of witnesses. After that, they give out forms for these witnesses to get the rough overview of what they would say. Have they seen signs of abuse, have they seen the client with the child or children, etc., and what they would say, and then the lawyers go through it to zero in on that person.

Sometimes, the attorneys send an investigator out to talk to people and they look for as many different witnesses as possible who will tell the truth, that this didn’t happen, that this person is lying, and then they take a closer look at the financial stability of the parties to see if that might be a motivating factor. They’ll ask them questions under oath, but really it’s just sitting down, talking to the client, finding out what happened, what the possible motivation is, and then proceeding further to run down the evidence necessary. That’s really what it is: Finding the evidence, bringing it to the courtroom in a timely fashion, letting the judge hear it in a coherent way.

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The more prepared you are, the less likely you’re going to have a contested hearing. That’s just the nature of the base, nobody wants to go in there when the outcome is so predetermined. You’re prepared, you want to be more prepared than the other party, you want to have your witnesses there and the other party will simply say in a lot of cases, “This isn’t worth it, let’s move on to Plan B to see if we can go a different route.”

What Is Better, Mediation Or The Court Process When Handling A Divorce?

Mediation always has a great deal of attractiveness to the law, but it depends on a couple of things. First of all, mediation is useless if the other party is unreasonable. If the other party has not been able to distance themselves from the emotional context of it, and if the other party is represented by an attorney who does not have the ability to keep them informed as to what their options are, then it becomes useless.

When Is Mediation A Good Option? How Do Mediators Help?

If the two parties are ready to end the marriage, are ready to talk about what’s best for the children, then mediation is absolutely the best process. Getting ready for mediation is the same as getting ready for court. You have to have all the information; when the mediator’s going back and forth, he has to be able to discuss coherently, rationally, and quickly.

We gather information about the property, the child’s situation, everything off the top of his head, and prepare all that evidence. Here are the witnesses who would say this, this, and this. But once that’s established, the parties will start to resolve their marriage, through the use of the mediator, based on someone’s input and directions that being the mediator who’s gotten the chance to know them.

Once the mediator gets to say, “Hello, who are you? Where do you come from? Where did you grow up? Where did you go to high school?” And in a very professional way, “How’s that panned out for you? Do you want to get back to that ground? How are you going to get that job? What are the children going to do? What’s the school process? Do children have any special needs?” He’s now asked more than the judge will ever get to know. He is now vested in their success; the judge never is.

The judge will simply enter a ruling that children go over there, the assets go here, it’s done. The mediator will help them craft the decision that they participated in. If they have the opportunity to participate in the outcome and they’re vested in it, it is the outcome that will stay on the test of time, that it will be a case where they will go back to court only for the smallest of issues. They won’t go to rehash things, they won’t go to say, “You know what? I didn’t really want to do that because they participated.” They didn’t have anything forced down their throats.

But all these things have to exist first before mediation can be successful and with the mediator, like anything else, there are different levels of talents, there are different personalities involved. For instance, considering some personalities, if one party is strong-willed, then you may want to get a mediator who has the ability to talk to strong-willed people, to talk about child issues more than property issues, to talk about autism, special education, and talk about a favorable interest rate or favorable return on investment. So, each mediator will have a strong point.

Lawyers have to direct the parties to the right mediator to address those parties’ needs, and sometimes the lawyer themselves will mediate. If one of them is better for child custody, the lawyer will do that portion, and then they’ll go to a mediator who is really skilled in the ability of property division, who understands how the stock market is in a great state of flux, how you really can’t buy into that necessarily full force, that you might have to take cash, you might have to take a discount, present values. Sometimes lawyers even use two mediators.

If you have any Questions After A Divorce Case Is Filed, contact the office of Bobby Barina at (254) 699-3755 or toll free at 254-699-3755 for a FREE Initial Consultation.

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