Litigation

If you cannot agree with your spouse on all issues, then a judge will hold a trial and listen to both of you and your witnesses and then make a decision.

The divorce case is started by filing a lawsuit at the courthouse once you have grounds for divorce and meet the residency requirements. Then the lawsuit is served on your spouse who must answer it. There is a period of discovery and a trial where the judge listens to testimony and other evidence in order to resolve your case.

The issues in divorce cases can include:

• custody of children and visitation with and access to children
• child support
• spousal support
• equitable distribution of marital property
• grounds for divorce
• responsibility for attorney's fees and other costs

The parties to the divorce can settle all of these issues by agreement without going to court. Or they can decline to settle and leave it up to the judge.

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