While Your Divorce is Pending

This period is usually spent in defining the issues and trying to resolve them. Your attorney will also attempt to find the net worth of the parties and the general financial status of the family. A verified financial statement or interrogatories may be sent out requiring answers from the recipient under oath. Complete financial data is usually requested. Depositions may be taken (with consent of the client) to obtain further information from the other spouse or from those that have the needed information. Appraisers, actuaries (if pensions are involved), accountants, or behavioral professionals may be used (with the client’s prior consent). You and your attorney, after the discovery work has been completed, will set final goals you wish to obtain. This will not be done hastily, and you will be given an opportunity to study the proposed settlement. Your attorney will advise you on the likelihood of acceptance of your proposals or what a court may do.

The attorneys may call a meeting, with both parties present, and try to resolve as many issues as possible. This is a voluntary process. Either party may decline to attend.

If settlement is reached, the parties will be asked to sign a property settlement form containing all the provisions of the settlement. The parties may be required to approve the settlement in court, before the judge, after it is placed on the record.