THE DIVORCE PROCESS
A. The Summons. A divorce action is commenced by filing of a Summons with the court. Usually the summons is filed with a notice or a complaint. These must be served on the defendant within 120 days.
B. The Complaint. This is sets out the grounds for the divorce and specifically states why the court should dissolve the marriage. It also sets out the grounds for various other ancillary relief such as division of property, child custody and support and spousal support.
C. The Answer. If the divorce is contested the defendant must file an answer witthin 20 days. The answer sets out defenses and ay also raise counter-claims.
D. Preliminary Conference. A preliminary conference may be requested by the Plaintiff or the Defendant. Usually it is the Plaintiff in a divorce who request the conference.and for the assignment of a judge to supervise the case. At the conference a time frame would be set to complete discovery and some issues may be resolved at the conference.
E. Discovery. Each party must provide a sworn Net Worth Statement, which spells out all of the financial information pertaining to assets and living expenses. The documents should be exchanged by the parties ten days prior to the Preliminary Conference.
F. Interrogatories. Written questions to the other party requesting answers to financial and other issues. Answers must be in writing and under oath.
G. Oral Depositions. The parties may be required to submit to oral examination by the attorney for the other side. This done under oath with in the presence of a court reporter who prepares the transcript of the examination. It is very improtant to prepare for trial and settlement where possible.
H. Pretrial Conference. Another major phase is the pre-trial conference. This takes place after discovery is completed. This conference provides the parties with another opportunity to settle the case.
I. Trial. If there is no settlement a trial will be held and the court will render a judgment.
