WHAT WILL HAPPEN DURING MY DIVORCE AND WHY DOES IT TAKE SO LONG?
Every case is different. Most case will follow the general timeline below. The following is a simplified summary of the divorce process. For more detailed information concerning these phases of the divorce process please review to the page entitled, "General Divorce Information for Clients".
1. Starting the Divorce
a. Meeting with your attorney to discuss your particular needs, concerns and fears
b. Prepare Original Petition for Divorce
c. File Petition with the District Clerk's Office.
d. Give your spouse legal notice of the divorce, by using either:
(1) by letter from me with Waiver of Citation; or
(2) Service of Citation; or
(3) Service by Publication or Posting
2. Responding to the Divorce
a. You or your spouse files an Answer
b. Your spouse may file other court documents or request court hearings
3. Waiting Period
a. Wait the mandatory 60 days after your Petition is filed
b. A Temporary Hearing and/or Temporary orders may occur during this time
c. Negotiation and/or Mediation may occur during this time
d. The court may require parenting classes if children are involved in the divorce
4. Discovery
a. Information gathering
b. Send or respond to discovery requests
5. Settlement
a. Letters of settlement between attorneys
b. Mediation
6. Finalizing Divorce
a. Prepare and review Final Decree of Divorce
b. Schedule divorce for a final hearing, either
(1) on the uncontested court docket
(a) if you and your spouse have reached an agreement, or
(b) if your spouse has not filed an Answer or otherwise made a court appearance in the divorce
(2) on the contested court docket
(a) if you do not have an agreement and your spouse has filed an
Answer or made a court appearance.
(b) your spouse and/or attorney will be given written notice of the date, time and location of the trial (contested court hearing) date.
(c) if a trial by judge or jury is necessary the case will be scheduled and evidence will be presented.