Basic Steps of the Divorce Process

Here is a basic step-by-step explanation of the divorce process.

Lawsuit is started - attorney for the spouse who initiated the divorce prepares the initial documents, called a Summons with Notice or a Summons and Complaint, files them in court, and has them delivered to the other spouse.

Answer - the spouse who is being sued answers the allegations in divorce papers. Not answering means letting the spouse who started the lawsuit get everything he or she is asking for.

Preliminary Requests - If not already demanded in the beginning of the lawsuit, now is the time to request things which cannot wait until the end of the divorce, such as temporary custody, child support and alimony for the mothers and visitation for the fathers.

Preliminary Conferences – In New York courts, the first preliminary conference is usually scheduled within 45 days from the start of the case. Both parties and their attorneys have to appear before the judge to try to settle some issues and set a timeline for the progress of the case.

Discovery - discovery is the process of obtaining information from each other relating to issues in the case. Information is obtained through requests for documents, written questions, and oral examinations.

Pre-Trial Conferences - once discovery is completed, the first pre-trial conference is held, where the judge makes sure that discovery is indeed complete, and sets a schedule for pre-trial procedures.

Pre-Trial Filings - Before trial, parties may submit documents and hold hearings regarding evidence and witnesses to be used at trial.

Trial – evidence and witnesses are presented, and a judge makes a determination over issues such as custody, visitation, alimony, and property distribution.

Post-Trial - Parties sometimes submit post-trial documents which explain their position during the trial.

Judgment – the Judge issues a decision in the case.

Appeal – the party who did not agree with the court’s decision can appeal to a higher court to try and get the decision reversed.

Although this short guide will not be of much help in drafting legal documents and making persuasive arguments in court, it should be very useful in understanding which stage your lawsuit is in and where it will go next.