Divorce Questions - Separation And Divorce
Separation, or sometimes "legal separation", refers to a required waiting period before some courts will
consider termination of a marriage upon civil standards. Before completion of a required separation period,
divorce questions and termination are usually limited to abuse, criminal misconduct, and other egregious
circumstances which may be morally intolerable. After completion of a separation period, proof of fault is not
required.
Resolution of Divorce Questions:
- Legal and statutory divorce questions are decreed by the court, through court order. Lawyers are obligated
to advise
clients of possible outcomes.
- Divorce questions requiring a professional opinion (expert testimony) are usually resolved by comparing
competing reports, deposition and trial testimony.
- Factual divorce questions about conduct during the marriage are resolved by a jury (or judge in a bench
trial) based on a preponderance of the evidence (civil standard).
- Daily scheduling and minor divorce questions are normally resolved by attorneys and parties by agreement.
If agreement is not reached, a hearing may be requested. Judges quickly grow intolerant of hearings over minor
issues.
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