Divorce

Divorce Timeline

Complaint for Divorce

In a divorce, a Complaint for Divorce is filed with the court. The complaint is one party’s request for the court to grant a judgment of divorce, and includes:

Contents of the Complaint

• The complaint shall include the following:
  1. a statement of the essential facts constituting the basis of the relief sought;
  2. the statute(s), if any, relied on by the plaintiff;
  3. the street address or, if none, the post office address of each party, or a statement that such address is not known;
  4. a statement of any previous family actions between the parties; and, if not otherwise stated, and
  5. the facts upon which venue is based.
• Affidavit of Verification and Non-Collusion
  • Attached to every complaint, counterclaim for divorce, nullity of marriage an oath, affirmation by the plaintiff or counterclaimant that the allegations of the complaint or counterclaim are true to the best of the party's knowledge, information and belief, and that the pleading is made in truth and good faith and without collusion for the causes set forth therein.
• Grounds for a Complaint of Divorce include:
  • Irreconcilable differences
  • Separation
  • Adultery
  • Desertion
  • Extreme cruelty
  • Addiction
  • Institutionalizati
  • on Imprisonment
  • Deviant Sexual Conduct
• An Affidavit of Insurance Coverage form that identifies your existing insurances, such as:
  • Life insurance
  • Medical insurance
  • Automobile insurance
  • Homeowner’s insurance
• A Confidential Litigant Information Sheet that provides the court with various personal identifying characteristics about you, including but not limited to:
  • Date and place of birth
  • Social security number
  • Driver’s license number
  • Gender

Case Management

Second, after the Complaint for Divorce is filed, the divorce matter will be assigned a docket number, and the other party will be served with the Complaint for Divorce. The court may then set a date for a case management conference to:

• Meet all of the parties and attorneys involved in the divorce
• Assess the issues regarding the divorce
• Fix deadlines for the exchange of documents (i.e. Discovery)
• Determine if any experts will be required

Discovery

Discovery is the process where both parties exchange necessary information that bears upon issues in dispute. This process can be very expensive and time-consuming. Therefore, if both parties agree, this process can be waived. The discovery process includes exchanging physical documents, interrogatories (written questions), depositions (recorded oral testimony under oath), request for admissions, and a case information statement, which itemizes each party’s income, monthly budgets, assets, and liabilities.

Early Settlement Panel

If the divorce action is not settled by a date scheduled by the court, you will be required to appear before the Early Settlement Panel. This process involves both parties and their attorneys, if applicable, appearing before a panel of experienced family law attorneys to discuss the case. The panel will discuss your issues and provide recommendations on how to best reach a resolution. This process is nonbinding on the parties and the parties can choose to accept or reject the findings of the panel. After meeting with the panel, if both parties can reach a settlement either by accepting the panel’s recommendations or reaching their own settlement, a judge will enter the judgment of divorce that day before leaving the courthouse.

Economic Mediation

If issues are not resolved Early Settlement Panel, you will be required to select an economic mediator to help you resolve your financial issues. The mediator meets with both parties in order to assist you in reaching an amicable settlement by resolving any outstanding financial and economic issues. Prior to the first session, each party may present written position papers, along with a copy of the Case Information Statement.

The economic mediator does not make any binding decisions. If an agreement is reached between the parties, the economic mediator will provide each party, and their attorney, with a Memorandum of Understanding, which states the terms and provisions of the agreement. Once the details are confirmed, the attorneys formalize the Memorandum of Understanding into a Consent Order to be signed by both parties, the attorneys, and the judge. Once the Consent Order is signed, it becomes fully enforceable. This agreement may ultimately become the Marital Settlement Agreement or Property Settlement Agreement, which would be the divorcing couple’s final enforceable settlement document.

Intensive Settlement Conference

If the divorce action cannot be settled in the Economic Mediation phase, then the court will ask both parties and their attorneys to return to court for an all-day settlement conference. Both parties and their attorneys will meet to discuss possible settlement. The attorneys will also meet with the judge assigned to your case at least once during the day to get guidance on the issues. The judge will not hear any testimony or make any final decisions. The judge will offer his/her initial impressions of the case to the attorneys. Most Intensive Settlement Conferences require the attorneys and clients to stay at the courthouse negotiating for most, if not all, of the day.

Trial

A trial is the final step in the divorce process. At the trial, the judge will hear testimony from each party, experts, and witnesses before ultimately making a final decision.