Contents of this Page
Introduction -- Types of Divorce
Civilized DivorceSM
Collaborative Divorce
Introduction to Divorce
Civilized DivorceSM Pledge
Things I Won't Do
When it Becomes More Complex
There are any number of things that can make the divorce process more involved than the simple process above. There may have been violence or threats. One party may be concerned that the other will hide children, money, or other assets from the other. Maybe both parties want to live in the house and can't decide who should leave. The parties may need to know who has what rights and responsibilities until the divorce is granted. The parties may need sworn statements from each other about what assets and liabilities there are to be divided. Mediation may be necessary.
When this happens, it usually means you need to hire a new attorney to go to war for you. Because I have concentrated on the skills necessary to move a divorce along with as little disruption as possible, I have neglected the skills needed for warfare. I haven't gone to trial in years, and I don't plan to start now. I'll be glad to refer you to new counsel.
TRO's, Injunctions, and Protective Orders
Sometimes there's a need for orders from the court to stabilize a situation until a formal hearing can be had. In these circumstances, one side may seek a Temporary Restraining Order ("TRO") where the court will order a party not to do certain things. This may include items like "don't threaten your spouse," "don't hide the children," "don't lock your spouse out of the house," or "don't plunder the bank accounts." Because the court issues these orders without hearing from both sides, a TRO is only valid for two weeks, and can be renewed one time for an additional two weeks. The plan is that a hearing will be set within two weeks, and the constable will serve the spouse with notification of the divorce, a copy of the TRO, and a notice of the hearing. As soon as the spouse has been served with these papers, until a hearing can be had. In a divorce, that hearing is called a Temporary Orders Hearing.
At the Temporary Orders Hearing, the judge will hear from both sides about what orders should be in place until the divorce is granted, and those orders will be called Temporary Orders. The Temporary Orders may contain a temporary injunction. Because the court has now heard both sides, a temporary injunction may last for much longer than two weeks: they will be in place until the divorce is granted (or until the court decides to amend the temporary orders). At the time of divorce, the court can replace a temporary injunction with a permanent injunction.
Temporary restraining orders and injunctions are punishable by contempt. If you believe your spouse has violated a TRO or injunction, we must set a hearing and ask the judge to punish the spouse with a fine, other sanctions (such as your attorney's fees in having to go to court), or even jail time.
Upon proof (such as testimony) that violence has occurred or has been threatened, the court can issue a Protective Order. A protective order will almost always have "stay away" language, where the other party is ordered not to go within, say, 500 yards of your home, your place of employment, and your child's school. What really sets a protective order apart from an injunction or TRO is that copies of the protective order are sent to the appropriate police departments, sheriffs, and school principals. Violating a protective order is a crime, and if the police find your spouse somewhere he or she is ordered to stay away from, they will immediately arrest your spouse and file criminal charges. Protective orders are very serious, and violations are taken very seriously. The courts also take an extremely dim view of seeking a protective order when it's not warranted.
If any of these come up in your divorce before you hire me, hire somebody else instead. If they come up during your divorce, I'll see you through the initial hearing, for an additional fee, but you should hire a war lawyer immediately after our hearing.
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