Four Stages of Divorce
The First Stage:
The first step in preparing for a dissolution of marriage
is processing of the paperwork. This generally includes preparation
of the following pleadings:
(1) Summons;
(2) Complaint;
(3) Motion for Temporary Orders (for the purpose of
requesting relief at the first hearing);
(4) Temporary Restraining Orders, if appropriate;
(5) Declarations;
(6) Income and Expense Declaration; and
(7) Response, if appropriate; and,
(8) Response Motion for Temporary/Restraining Orders, if
appropriate.
At our first meeting, we generally prepare all necessary
paperwork in order to either initiate the divorce or to respond to
the Complaint filed by the spouse. These pleadings are then
generally served upon the other party. The purpose of the service
is to "start the clock ticking." Once the pleadings are served upon
the other party, the Judgment of Dissolution of Marriage can be
granted dissolving the parties' marital status, at the earliest six
(6) months from the date of service. The purpose of the six-month
waiting period is to encourage reconciliation between the spouses,
and if in fact a reconciliation occurs during this period, kindly
contact our offices and we will see that all paperwork is stopped.
Additionally, if you would like a referral for counseling to
reconcile the marriage, we will be happy to refer you to qualified
counselors. Although our practice heavily focuses on Family
Law, we do not encourage divorces.
The Second Step:
After the pleadings have been drafted and served, the next step is
the hearing on the Motion for Temporary Orders, the initial
hearing. Generally, the following issues are addressed at the
initial hearing:
(1) Spousal support;
(2) Child support;
(3) Child custody and visitation;
(4) Restraining orders;
(5) Use of the residence and motor vehicles;
(6) Request for attorney's fees and costs; and,
(7) Any other miscellaneous relief which may be necessary in order
to maintain stability for the benefit of the children and the
parties.
The first hearing will normally occur within twenty-five (25)
days of the date the pleadings are initially filed with the court,
absent any continuances.
The purpose of the hearing is to maintain the status quo, to ensure
the children and the supported spouse have sufficient financial
resources to maintain the necessities of life and to balance
between households a common standard of living.
The Third Stage:
The third step involved in a dissolution of marriage is generally
the discovery phase. This often includes the taking of depositions.
A deposition is generally conducted in our conference room or the
offices of the opposing counsel. A court reporter is present. At
that time, I will be asking questions of your spouse for the
following purposes:
(1) To secure information;
(2) To solidify testimony so it may not be changed at future
hearings or trial;
(3) To obtain necessary documentation to adequately present your
case; and,
(4) For the purpose of evaluating witnesses.
After the deposition, many times subpenas are sent out to verify
the information obtained at the deposition. By the time the first
three steps are completed, the emotional involvement of the parties
has generally subsided to the level where many cases are in fact
resolved by settlement. We will then formulate a settlement offer
for the purpose of resolving the case in total. Please be assured
that no offer of settlement will be made without your knowledge. If
the settlement offer is accepted or amendments thereto are
agreeable to all parties, a settlement agreement will be prepared.
This document essentially indicates which assets will be allocated
to the wife and which assets will be allocated to the husband. It
will also address the issues of custody and visitation, together
with support and all other matters.
The Fourth Stage:
If the matter cannot be resolved by agreement, it will proceed to
the fourth step, which is the trial. We are generally assigned
a date for trial within about four (4) months from the date on
which the trial is requested.
