The petition for dissolution of marriage (ie divorce) is filed at the Broward courthouse and it is served upon the other party. The other party has twenty days to file an answer to the petition by responding to the allegations in the contested divorce petition. The other party may also file a counter petition asking that they be granted certain things, such as property and alimony or timesharing with regard to the children for example.
If a party needs financial support while the Broward contested divorce case is going on they can make a request for temporary support. This may be temporary alimony for themselves or it may be temporary child support, or temporary exclusive use of the marital home such that the other party has to stay away, or temporary attorney’s fees because they do not have the funds to pay their lawyer, and the other side does. .
While the divorce case is pending in Broward Circuit Court, the discovery process takes place. What this means is that the parties exchange financial and other information regarding the issues of the case. So at the end of the process each party will know where the other side is coming from, what their financial condition is, and what the other side’s position is on issues such as timesharing, etc. The Court rules of procedure require that specific documents be exchanged in a contested divorce such as a financial affidavit signed under oath, paystubs, bank account statements, brokerage account statements, etc. There is also the opportunity to take the deposition of the other party or any other witnesses who are important to the case. .
The deposition is conducted in the presence of a Court reporter under oath and your lawyer may ask questions of the person who is being deposed. (regarding the issues of the Broward divorce case) It is not necessary to send a subpoena to the other party to compel their attendance at deposition but a subpoena must be served on a third party so that they will be required to attend a deposition. Further, financial documents from third parties, companies, employers, etc. can be subpoenaed so that they lawyer will be well prepared with regard to the financial and other issues involved in the case.
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