At this conference, if custody is in dispute, the court may order a forensic psychologist or psychiatrist to interview the parents and the children, thereafter furnishing the court with a report. sc divorce Custody evaluation. This report sets forth the expert's opinion as to what custodial and visitation arrangements would be in the best interests of the children. The court will also appoint a LAW GUARDIAN, an attorney who represents the children. The parties are required to pay for these professionals. sc divorce Canadian divorce for men. 4. FINANCIAL DISCLOSUREFor the most part, discovery in matrimonial actions is confined to financial matters. The law views marriage as an economic partnership which must be dismantled by the conclusion of the divorce action. sc divorce Divorce mediation. The analogy often used is a that of a corporation undergoing bankruptcy and its assets being distributed to creditors. a. The parties must exchange a STATEMENT OF NET WORTH, essentially personal financial statements,together with current paycheck stubs and recent federal and state income tax returns. b. Parties may be served with NOTICE OF DISCOVERY AND INSPECTION which requires the production of original financial records. c. Parties may be served with INTERROGATORIES which are written questions on finances that require sworn responses. d. The parties may be questioned at a DEPOSITION (examination before trial) under oath with a court reporter recording the proceeding. The length of the discovery process varies depending on the complexity of the parties' assets. The discovery phase typically takes at least three (3) months. 5. APPRAISALSDuring the discovery phase, it is often necessary to retain experts to evaluate certain marital assets for the purpose of equitable distribution. These assets can include the marital residence, a business, pensions, or educational degrees. 6. MOTION PRACTICEDuring the action, it is very common for one or both parties to file an application for temporary (pendente lite) relief. This motion often seeks temporary maintenance or child support, temporary custody, exclusive occupancy of the marital residence, etc. There are many other kinds of motions or applications that can be filed in an action; they are confined only by the facts of the particular case and the creative energies of the attorneys. 7. THE COMPLIANCE CONFERENCEAt this conference the court will determine (1) whether any financial disclosure remains to be done, and (2) if the case can be settled. If the case is certified for trial, a NOTE OF ISSUE is filed by the plaintiff and a trial date is set. Mindful of past horror stories where matrimonial cases dragged on interminably, the courts are increasingly inclined to hold attorneys and their clients to these scheduled trial dates. 8.
