Anatomy of a Divorce Case 2

This article continues the overview of a typical divorce case. The case has been filed, and the respondent has been served with the summons and a copy of the petition. A response to the petition has been filed, and an initial status conference has been held.

The parties have 40 days after the filing of the petition to prepare and exchange financial information such as financial affidavits, pay stubs, and tax returns.

The parties may request a temporary orders hearing. Temporary orders may be necessary if the parties cannot agree on how to handle matters pending the resolution (final orders) of the case. The Court may require the parties to try to settle their temporary differences before it will grant a temporary orders hearing. Most cases do not require a temporary orders hearing.

If the parties are in total agreement on all matters, the case can now proceed to final orders. However, the Court must wait 90 days from the filing of the petition and service on the respondent before it can issue final orders.

If the parties are not in total agreement, the Court will require the parties to mediate their dispute before the Court will hold a trial to settle any differences. Mediation is a process where a trained third party attempts to help the parties settle their differences. It is a voluntary process. The mediator does not make decisions for the parties. The parties make their own decisions.

Most cases settle. The parties reach an agreement on all the issues. Whatever the parties cannot agree on, the Court will decide at the trial (the final orders hearing). The final orders hearing is held by the Court without a jury. However, all the rules of court regarding trials apply (rules of evidence, etc.).

Before the Court will issue the final orders, whether the parties have settled or a trial was held, the parties must have filed financial affidavits and a certificate stating that the parties have provided mandatory disclosure of their finances. If children are involved, the parties must have attended the parenting class and provided the court with a proposed parenting plan.

The procedure you must follow to get a divorce is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!