WHAT SHOULD YOU
EXPECT IN A DIVORCE?
Financial disclosure, negotiations, then litigation. How complicated things get depends on you and your spouse.
Hello, I’m Jon Bonavilla, a partner at Evans Fox. I am here today to talk to you about the divorce process and what to expect.
I want to allay some fears and misconceptions people have about this process.
Many people think that a divorce means a trial and fighting tooth and nail with your spouse. While this is certainly true in some cases, the vast majority of divorces settle before a trial, and many times without having to get the court involved. They are not all necessarily contentious. Certainly some can be, particularly if one party is doing something they shouldn’t, like hiding assets, or causing trouble with respect to the children. The court is always available to get involved if that is going on.
But in essence, with any divorce, all that happens is that the parties exchange financial affidavits so that each side can see what the assets and debts are. If there are any children we make sure they are provided for. If either side has questions about the assets or what has become of them, documents can be requested and questions asked under oath about this. Then the sides talk about how to divide things up equitably and try to negotiate a settlement. If that is not possible, formal litigation is always available as well as a trial.
Now certainly this is never an enjoyable experience for anyone, but its nothing to be afraid of. The important thing is to make sure you have good legal representation so that you know what you are entitled to, and what your options are.
I hope this allays some of your fears about the divorce process. If you have any questions or need advice, please feel free to contact us and we will be happy to talk with you. It has been a pleasure, take care