This page lays out the basic elements of a divorce, the divorce process, and how a divorce case “flows” through the legal system.  ”Flows” is probably the wrong adjective, maybe “floats” or “meanders”.  While the courts are very quick to move on some issues pertaining to divorces–ie. domestic violence, custody, children’s best interest and protection, the cogs of justice move much more slowly than client’s would like.

1. Petition and Summons:

The spouse filing the complaint (Petition for Dissolution) or summons is called the plaintiff or petitioner; the spouse receiving the complaint or summons is called the defendant or respondent. It is necessary to file a complaint to register the request for the divorce with the court (complaint) and also to notify the spouse legally of your intent to divorce (summons).  The sheriff’s office or a private process server is responsible to deliver the paperwork to the interested parties (service). The respondent will file an answer to the complaint indicating that he or she agrees or disagrees with the allegations in the divorce petition.

2. Pretrial Motions

Pre-trial orders are filed by the either parties’ attorney once the initial complaint has been filed. Pre-trial motions are formal pleadings made to try to resolve any “temporary” disputes between the spouses in regards to living arrangements, maintenance (alimony), temporary custody, temporary child support, and visitation.

3. The Discovery Procedure

Discovery refers to the time period in which the divorce attorney conducts an investigation to find information that his/her client has not been able to provide. Discovery typically begins with both parties completing a Comprehensive Financial Statement (also called an income/expense affidavit).The most common ways a lawyer can obtain this information is by making a formal demand for documents (Notice to Produce), Marital Interrogatories, and Depositions.

4. Negotiations

Negotiations begin after all information desired by either party has been made available. The purpose of negotiations is to attempt to resolve the contested issues in an amicable fashion.  If a settlement can be made out of court, a potentially costly trial can be avoided and the parties have immense control over the final terms of the divorce.  Sometimes negotiations will begin as soon as the petition for divorce is filed.

5. The Pretrial Hearing

Pretrial hearings (or Pretrial Conferences) aren’t really hearings at all. Once parties have substantially completed discovery and have attempted negotiating a resolution, one or both parties may request a divorce judge to provide recommendations.

During the Pre-trial conference, both parties divorce attorneys and the divorce judge conference any issues in dispute. The conference is held in the divorce judge’s chambers, it is informal, and the parties generally do not participate directly. The only people present at the pre-trial conference are the divorce attorneys and judge.

6. The Trial

There are basic legal procedures that take place at trial. Trial begins with opening statements. Each attorney states what they intend to prove in front of the judge. Then the petitioner’s attorney delivers evidence to support his or her case. The respondent’s attorney follows with delivery of evidence that contradicts the claims that were presented by the plaintiff’s attorney. Both attorney’s are then allowed time for rebuttal, beginning with the plaintiff’s attorney. Rebuttal is a response to the opposing attorney’s case. The last procedure is closing arguments, which are presented by each side. When this is finished the final decision or judgment is handed down by the court.

7. Your Agreement

If, at any point during the divorce process, you and your spouse come to an agreement as to property division, debt allocation, child custody, visitation, maintenance (alimony) and child support your attorney will draft a Marital Settlement Agreement (MSA).  Assuming the provisions in the MSA reflect your agreement, a date for entry of judgment will be set and your case will be over–on your terms, not the Judge’s.

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