By Hibu Websites
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July 16, 2020
Many clients often ask how long their divorce will take. Our response is that it usually depends on a variety of factors, including but not limited to the complexity of the parties’ financial and other situations, the expectations of the parties’, the dynamic between the parties’ attorneys, and whether the divorce is particularly bitter. The narrative below describes the general framework for a contested divorce case proceeding through the Court in an ordinary fashion. However, please note that if the parties’ execute a Marital Settlement Agreement addressing all outstanding issues at any time after the first step, they may bypass the other steps and receive a judgment of divorce at an uncontested hearing. Summons & Complaint – The first step in a divorce proceeding is the filing of a Summons and Complaint. The Complaint may allege a fault-based ground for divorce (extreme cruelty, adultery, etc.), or may allege irreconcilable differences. Given that the results of a divorce are usually no different if marital fault is alleged, most clients choose to simply file under the irreconcilable differences statute. The Complaint will also assert a jurisdictional basis for the Court to grant the divorce, and will specify the relief requested. Once the Summons & Complaint are filed, the other party is served with a copy. Answer & Counterclaim - The spouse served then has 35 days to file an Answer to the Complaint. Usually, a Counterclaim is filed with the Answer in which the Defendant spouse also requests a divorce, along with certain relief. Case Management Conference – After the initial pleadings have been filed, the parties’ usually thereafter receive a notice scheduling a Case Management Conference before their assigned Judge. The purpose of the Conference is to identify the outstanding issues, and set a deadline for the exchange of information (discovery) and appraisals. If, however, the parties’ attorneys’ are able to mutually agree on these deadlines prior to the Conference, and memorialize their Agreement in an order, the attorneys need not actually appear in Court for a conference. Parents’ Education Course – Where custody or parenting time is an issue, the parties’ are summoned to attend a Parents’ Education Course at the Courthouse. The cost for this is included in the fees at the time the initial pleadings are filed. We have received good feedback from our clients concerning the course. Case Information Statements (CIS)– The usual next step is to file a Case Information Statement. This is a complex document in which each spouse discloses their present income information, along with an itemized budget and a list of all of their assets and liabilities. The document is certified, meaning that the CIS will have the same weight as if the questions therein were being answered under oath. Discovery (Interrogatories, Notice to Produce & Depositions) – Next, the parties will propound discovery upon one another. Discovery consists of a series of questions (Interrogatories) and requests for documents (Notice to Produce). The parties’ must respond to one another’s requests by issuing written answers to the Interrogatories, and furnishing all documents requested in the Notice to Produce. Sometimes, in complex cases, a party may be deposed. In a deposition, the other spouse’s lawyer will ask the party being deposed a series of verbal questions. The entire proceeding is transcribed by a Court reporter. As with the CIS, a party’s discovery responses are certified, and may later be introduced in Court for a variety of purposes if the matter proceeds to trial. Discovery, especially depositions, is very expensive. Expert Evaluations - If necessary, the parties’ may proceed to obtain formal expert reports. These reports may be used at the time of trial in support of a party’s position on a given issue. An expert may be joint (both parties’ intend to rely on it), or independent (one party intends to rely on it as against the other party). If the parties’ own a home, they will likely need to order a formal appraisal to determine its worth. Other types of experts may be retained if needed, i.e., a custody expert, a business appraiser, or an employ-ability expert. Early Settlement Panel (ESP)/Intensive Settlement Panel (ISP) - The Early Settlement Panel program is a process whereby the clients appear with their counsel at the Courthouse. The attorneys present their clients’ cases to two panelists, comprised of local lawyers who are very experienced in family law. The panelists will then advise the clients of how they feel the financial issues in the case should be decided. If the clients agree, they can obtain a divorce before the Judge that same day. If the parties don’t have a draft Marital Settlement Agreement with all of the terms done, it is recommended that the divorce not be placed on the record until there is a signed agreement. Statements outlining each party’s position are submitted to the panelists prior to the ESP. The ISP is a similar proceeding employed in certain counties. It is similar to ESP, but much more intense and thorough than an ordinary ESP. Economic Mediation – If the parties’ do not obtain a divorce at the ESP, they are referred to Economic Mediation to resolve the outstanding issues. The attorneys choose a Mediator from the Court’s list of assigned Mediators. Thereafter, the parties’ will engage in one or more mediation sessions with the Mediator. Usually, a lot of progress is made at this stage; however, the parties’ must pay the Mediator his or her hourly rate after an initial free hour, as well as their own attorney Custody & Parenting Time Mediation – If custody and/or parenting time is at issue, the parties’ will be required to go to custody & parenting time mediation at the Court, almost always without their attorneys. We see a very high success rate with this program, which is free of charge to the clients. If the parties’ agree on all issues, the Mediator will usually draw up a Memorandum of Understanding, which may be incorporated into an Agreement addressing the remaining financial and other issues. Trial/Uncontested Hearing – If any aspect of the case remains unresolved after the ESP, economic mediation, and parenting mediation, a trial date will be set. However, in certain counties, cases are often settled at the Courthouse on the trial date, following continued negotiations in a conference room. In other counties, when a trial date is scheduled, you will be issuing opening arguments that day. An actual trial may take several months to complete, as the trial may not be conducted on consecutive days. Alternatively, if the parties’ have reached an agreement before the trial date, they can schedule an uncontested hearing. At this time, the Judge will enter a final judgment of divorce, after satisfying herself that the parties’ have entered into an Agreement knowingly and voluntarily. Call us with more questions at 609-924-2900 or visit our web site at www.strichlaw.com. Disclaimer: Any and all information contained on this site is for informational purposes, and should not be utilized as a substitute for a full, in-person consultation with a lawyer in your State and familiar with your circumstances. Strich Law Firm, P.C. assumes no responsibility for any information contained on this site, and disclaims all liability in respect of such information. In addition, no part of this site shall be deemed to form any contract between Strich Law Firm, P.C. , and anyone viewing this site.