In the United States, the jurisdiction over issues revolving around divorce proceedings is given to the state courts. Therefore, when people use the term divorce court, they will be referring to the courts that have the appropriate jurisdiction in dealing with the divorce matter in a particular area.
In the case that divorce proceedings involving the settlement of the divorce do not produce any kind of result; the matter may be brought to divorce court. In such a case, the divorce court will hear both parties in regards to the problems at hand, and will be responsible for formulating the parameters and structure of the divorce settlement at the discretion of the presiding judge of such divorce court.
What is the Purpose of Divorce Court?
Ultimately, divorce court exists in order to provide the final decision in regards to divorce proceedings and subsequent settlements. In divorce court, the quarreling couple will bring matters in regards to certain aspect of the divorce that need to be resolved as a result of the dissolution of the marriage.
Examples of commonly disputed issues in divorce court are the division of assets and marital property, child custody, and child and spousal support. In the case that mediation was not successful in providing for a divorce agreement or settlement, the matter will usually enter divorce court in order to be resolved with the assistance of a judge.
What to do if Divorce Court is Needed?
The unfortunate truth behind divorce is that most divorce proceedings will prove to be hostile, with the actions taken on behalf of both parties largely being driven by the emotional and mental stress of a dissolving marriage.
However, in the situation those spouses must enter into divorce court to have the matters resolved, it is important to maintain a calm demeanor, where emotions are not the dominating force behind what is said and done while in divorce court.
One should also be well prepared for divorce court. Even though chances are that legal representation will be obtained when going to divorce court, it is important to not place all of the responsibility of the case on the lawyer. Being aware of the required documents and having at least minimal knowledge of the state’s divorce laws can prove to be of benefit while disputing issues in divorce court.
It is important to note that the decisions made in divorce court in regards to an agreement or settlements are fully enforced in the capacity of the law. Failure to adhere to the court orders, regardless of the outcome, will incur penalties as allowed by applicable laws.
Because divorce courts may often times prove to not render the most mutually beneficial decisions, it is strongly recommended that couples try their best to reach an agreement in regards to a divorce settlement through personal means or through the assistance of mediation. Divorce court should only be an option in the case that there is no possibility of an agreement ever being reached through other means.
