Tag Archives: divorce lawyer in Scottsdale

Married couples always start off with the best intentions and try to make things work during a marriage. Unfortunately, not all marriages are meant to be. When it comes to divorce, it’s also great if a couple can resolve any issues they have informally. But if you and your soon-to-be ex can’t come to an agreement on your own, you might have to go to court to determine who gets what, from the kids to the coffee table.

Here is a quick overview of what you can expect in family court and the final judgment of divorce.

What is a Final Judgment in Divorce Proceedings?

The final judgment in a divorce proceeding is the final ruling that ends the marriage between a married couple. These judgments are rendered by the judge or jury. Once the court reaches this decision, the divorce is granted and finalized. In order to get a final judgment in a divorce, a married couple must go through the family court process.

Family Court and Final Judgment: The Basics

The vast majority of divorce cases reach some sort of settlement, whether through informal negotiation between the spouses (and their attorneys) or through more structured proceedings such as mediation or collaborative law.

But, in some divorce cases, no full settlement can be reached. This is usually because the spouses are too far apart in some or all of their respective wishes. They may not agree on a equitable solution for issues such as child custody, child support, and property division.

In these situations, the divorce will be handled in civil or “family” court, at the county/district branch of state court where the divorce petition was filed. A single judge usually presides over the case and issues a final judgment of divorce, although one or both spouses may have the right to request a jury trial.

The Court Process: Evidence and Arguments

In family court, attorneys for each spouse present evidence and arguments related to the divorce on issues like child custody and visitation, child and spousal support, and property division. Evidence in a divorce trial can come in the form of:

• Testimony from the spouses;
• Witness testimony — including a guardian ad litem, a neutral third party who advocates for and represents the child(ren) in court, and expert witnesses (financial analysts, property valuation experts, etc.); and
• Documents — including records related to marital property and finances.

As each side presents its own evidence and arguments, the other side has an opportunity to question witnesses and challenge evidence through “cross-examination” — challenging the witness’s story, testing their credibility, disputing documents, and otherwise attempting to discredit or discount witnesses and evidence.

The Court Process: Final Judgment of Divorce

After hearing and examining all evidence, the judge (or jury) will issue a final ruling resolving the divorce and all surrounding issues. Once the judge reaches a decision, they grant the divorce and enter a judgment finalizing the divorce and all related issues.

This judgment dictates a number of things about the now-divorced couple’s rights and obligations, including:

• Division of the couple’s marital property, debts, and resolution of other financial matters;
• Child custody, living arrangements, and a visitation schedule; and
• Child support and spousal support (alimony): who pays, who receives, how much, when, etc.

Once a judgment is entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court, although it is unusual for an appeals court to overturn a judge or jury’s decision in a divorce case.

Going through a divorce can affect all aspects of your life. It can be mentally draining, financially challenging, and even seep into your work life. Although you try your best to leave life at home at the door and enter into your professional mindset, if you’re going through a divorce, it’s likely going to be brought into the office at some point.

It’s important that you know how to handle a divorce while you are working. By getting ahead of the game and preparing for anything, you’ll be able to better manage each curveball or tough day that may come. To help prepare you, here are a few tips from your divorce lawyer in Scottsdale for handling your divorce while working full time.

Inform Your Boss

You don’t want to leave your boss in the dark about anything going on in your life that could affect your mental health and daily work performance. Since divorce can be mentally draining, it could interfere with your daily tasks at work. From phone calls to meetings and even court dates, those will all interfere with work at some point.  Be honest and transparent with your employer.

Inform your boss that you are going through a divorce. This is a life-changing event that your boss can help you with on the working end of things. No one says you have to pour your heart out and go into detail about what happened. However, informing him or her of the situation, that you may require some schedule flexibility to attend any court-imposed obligations, all while you are still committed to your own work responsibilities.

Speak With Any Officemates or Teammates

If you work closely with a co-worker, whether it be on projects or sharing an office, you should also inform them of what is happening in your life. Preparing them for any mood changes, more phone calls, and unexpected appointments, or having to take a mental health day, they will be able to handle the situation more delicately.

Anyone you work closely with, you don’t want to leave them in the dark. By letting them know of your pending divorce, you can lean on them if needed. If you fall behind, they’ll have a better understanding of what is going on and be able to help you out.

Speak With HR

Going through a divorce will likely affect work because of your insurance and retirement plans. All of this information will come from your HR department. Once you know the divorce is happening, sit down with HR and go through the details of any plans and coverages that will need changing later on or retirement account balances that may need to be split with your spouse.

Keep Personal Feelings at Home

Although you’ll likely have conversations here and there about the divorce and how you’re feeling, you should keep your personal feelings at home as best as you can. This means that you should avoid any negative comments of your spouse and anything that could make people feel uncomfortable. If you do not want to go into detail, make sure your coworkers know that you prefer to keep things private.

Do not let your pending divorce take over your work. Think of your job as an escape from the stress at home. However, there will come a time when the divorce process may interfere with work. By keeping on top of things and informing your boss and coworkers of what is going on, you can help make the process go as smoothly as possible.  Transparency and truth, tempered with your discretion and professional judgment, is a careful balancing act.