1. The Complaint
A divorce begins with the Complaint
which notifies the court that you and your spouse, when served, want to end the
marriage. It also addresses issues such as child custody, child visitation,
child support, spousal support, property division, attorney fees and costs.
2. The Answer
After the Complaint is served, the
opposing spouse is entitled to file an Answer. The opposing spouse has thirty
(30) days once served with the Complaint to file an Answer.
3. Temporary Orders
Temporary Orders, also called pendente
lite orders, set the rules for the case while it is pending. Either party can
ask the court to make Temporary Orders, for example, who stays in the house, who
is responsible for the children, who pays certain expenses and restraining
inappropriate conduct. It is in both spouses' best interests to agree upon
reasonable arrangements while the case is pending rather than incur additional
legal fees and to bad feelings for having to go to court for Temporary Orders.
4. Discovery
Each spouse is entitled to information
from the other spouse about the case. There are several different discovery
procedures. Interrogatories and a list of questions requiring formal answers to
each question. Requests for production of documents requires a party to produce
certain documents in response to the requests. A deposition is where the spouse
or a spouse's expert may be required to answer questions under oath at a
lawyer's office while a court reporter records what is being said and then
prepares a transcript.
5. Negotiated Settlements
Most lawyers and judges agree it is
best to resolve a case by agreement than have a trial in which a judge decides
the outcome. If the lawyers cannot negotiate the settlement, there is the option
of mediation. In mediation, an independent third party listens to both sides of
the case and attempts to negotiate a settlement. Mediation can be very
persuasive because the parties can hear how a judge may rule by an independent
third party if the case went to trial.
Although your lawyer may recommend that
you accept or reject a particular settlement proposal, a decision to settle is
yours. Your lawyer cannot and will not make that decision for you.
If a settlement is reached, a marital
dissolution agreement must be prepared, filed with the court and a final decree
must be entered with the court before your divorce becomes final.
6. Trial
If you and your spouse cannot settle
the case, it will go to trial. At trial, each tells their story to the judge
through their own testimony, testimony of the witnesses and documents called
exhibits.
Trial can be expensive and unpleasant.
However, it can be the only alternative to never ending unreasonable settlement
demands. Still, trials are risky. No one can predict the outcome of a trial
because every case is different.
Sometimes, trial does not end the case
because either party may elect to appeal to the Court of Appeals. The appeal
adds more time expense to the divorce proceeding.
7. After the Divorce
a) Modification
Even if your divorce is settled on the
basis of irreconcilable differences through the entry of a marital dissolution
agreement or after trial by a judge, the judgment can be modified by a judge
after a hearing. Usually, child support, alimony, child custody, and child
visitation can be modified, but only if one of you can show that there has been
a change in circumstances. Examples of a change of circumstances are losing your
job, inheriting substantial sums of money, or remarriage. Grounds to change
child custody orders can include someone moving away, or the need of the
children changing as they grow older.
Some orders are not modifiable. Usually
the division of property is not set to modification. And, if you and your spouse
have agreed that alimony shall not be modifiable, the courts will usually file
an agreement.
b) Enforcement
If you or your spouse disobey a court
order, the court may hold the disobedient spouse in contempt and put the person
in jail or impose a fine as necessary to make person obey the order.
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