Timeline
PETITION | ANSWER | DISCLOSURES
PROCESS
Petition the court with requests relating to debts, child custody, and support. File responses to spouse. Financial disclosures and parenting plans provided by each side.
COURT PROCEDURES
File divorce petition and serve opposing party.
Answer due
CLIENT ENVOLVEMENT
Homework (goals, budget, inventory)
Refining desired outcomes
ATTORNEY WORK
Assessing and handling immediate problems
TEMPORARY ORDER
PROCESS
Possible temporary order while case pending.
DISCOVERY
PROCESS
If your case is settled you can submit the settlement to the judge to finalze 30 days after your case has been on file. If there is no settlement or if more information is needed before deciding, information and documents may be gathered using discovery.
COURT PROCEDURES
Serve discovery requests
CLIENT ENVOLVEMENT
Help devise specific questions to ask spouse in discovery
Drafting responses to spouse's discovery questions
ATTORNEY WORK
Gathering information and determining what other information is needed
Hire expert witnesses
Analyze expert reports
DISCOVERY cont.
PROCESS
If there is an issue with custody, many courts require mediation before your case can be set for trial
COURT PROCEDURES
Discovery responses due
CLIENT ENVOLVEMENT
Re-assess goals now that discovery is complete and prepare for mediation
ATTORNEY WORK
Begin negotiation process;
Draft and exchange settlement offers;
Prepare for mediation
MEDIATION
PROCESS
Negotiate and settle
TRIAL PREPARATION
PROCESS
If there is no settlement in mediation, remaining trial preparations resume.
COURT PROCEDURES
Depositions
All evidence ready for trial 30 days out
Pretrial due 14 days out
CLIENT ENVOLVEMENT
If not settled, work closely with your attorney on trial prep and witness prep.
ATTORNEY WORK
Trial preparation:
Depositions, witness testimony preparation, exhibits, etc.
Continue settlement negotiations
TRIAL
PROCESS
Court Appearance
FINALIZED
PROCESS
Sign final documents
COURT PROCEDURES
Waiting for trial date; Trial; Decision ("Under Advisement"); Motions; Appeal
*This timeline guide provides a general view of the process. Though the majority of cases last anywhere between three to nine months, divorce cases may differ in length depending on a number of factors. Most cases will settle out of court.