- 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. - 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. - Temporary Orders
Temporary Orders, also called pendente lite orders, set the rules for the case while 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. - Discovery
Each spouse is entitled to information from the other spouse about the case. There are several different discovery procedures. Interrogatories are a list of questions requiring formal answers to each question. Requests for production of documents requires the opposing 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. - Negotiated Settlements
Most lawyers and judges agree it is better 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 (mediator) listens to both sides of the case and attempts to negotiate a settlement. Mediation can be very persuasive because the mediator will tell the parties the weaknesses in their cases as well as how a judge may rule if the case goes to trial. Although your lawyer may recommend that you accept or reject a particular settlement proposal, the 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. - 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. A trial can be expensive and unpleasant. However, it can be the only alternative to never ending unreasonable settlement demands. Still, a trial is risky. No one can predict the outcome of a trial because every case is different. Sometimes, a trial does not end the case because either party may elect to appeal to the Court of Appeals. The appeal adds more time and expense to the divorce proceeding. - After the Divorce
- 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 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 needs of the children changing as they grow older. Some orders are not modifiable. Usually the division of property is not subject to modification. And, if you and your spouse have agreed that alimony shall not be modifiable, the courts will usually uphold that agreement. - Enforcement
If you or your spouse disobey a court order, the court may hold the disobedient spouse in contempt and put the disobedient spouse in jail or impose a fine as necessary to seek compliance with the order.
