Overview
Emotionally and financially, a divorce can be one of the most stressful events a person will ever experience. This is not the time for a do-it-yourself approach, or to engage the services of an inexperienced attorney. Having seen far too many vague and unenforceable agreements, we strongly advise you to secure an experienced domestic relations attorney who can protect your rights and ensure that you make informed decisions.
Divorce
The Process:
Filing. Moving out does not make you "legally separated." Nor does not mean you have "abandoned" your property. You are married until the Court enters a Decree of Divorce.
Any lawsuit, including a divorce, is initiated by filing a Complaint (also called a Petition) in District Court. The person filing is the Petitioner. The person being sued is the Respondent. The Complaint need only identify the parties, the issues, and the petitioner’s basic requests, such as custody and support. The details may be included in the Complaint, or they may be spelled out later. The Complaint will either be served with a Summons on the other party by a Sheriff or constable or, if the other party will accept service, mailed or delivered, often by the petitioner.
In cases where a conflict is anticipated, the filing party may also file a motion for temporary orders to address custody, property, and financial issues. This will be scheduled for a hearing, generally in four to six weeks.
In cases where domestic violence has been committed, attempted, or threatened, a process is available for the immediate entry of Protective Orders. They are entered to protect parties from domestic violence, not to make initial custody and property determinations.
Discovery. After the initial filing, the parties are expected to voluntarily exchange relevant documents and information, and to decide on a schedule to move the case forward. This schedule, called a Case Management Order, will identify the deadlines for requesting and producing information, for submitting to mediation and, if necessary, for being ready for trial.
Mediation. If the parties are unable to resolve their differences, they will be ordered to meet with a mediator before being allowed to request a trial before the judge. The mediator, who is usually a lawyer, is a neutral party who will attempt to help the parties settle their case. The vast majority of cases settle in mediation.
Trial. Fewer than 10% of all cases do not settle. Those matters will proceed to trial before a judge, sitting without a jury. Over the course of what may be several days, the judge will hear testimony from the parties and their witnesses, examine evidence, and enter a decision.
Modifications. Although a "final" decree of divorce will be entered, the Court retains continuing jurisdiction to modify child custody, support, and alimony if circumstances change.
