Divorce proceedings can be a trying and upsetting time for you, your spouse, and your children. Familiarizing yourself with some of the legal processes may relieve some of the anxiety. The Petition and Response-A Petition for Dissolution of Marriage is notice to your spouse of the divorce proceedings, will ask the court to award you certain property and determine the other issues such as custody and maintenance. Your spouse has the right to respond and make counter-requests. Temporary Orders-The court can issue temporary orders that can provide support, prohibit sales of assets, order payments of certain debts, or prohibit certain kinds of personal conduct if you or your children are in danger. Discovery-Each party is required to disclose to the other his or her income, assets, debts, and property. This may include written questions (called interrogatories), requests to produce documents, or your testimony or that of professionals associated with your case. Pretrial Conference-The attorneys for both parties meet with the judge, who after reviewing the facts in the case, will make a recommendation for settlement that is not binding on either party. Four-way Conferences-The parties to a divorce and their lawyers often meet long before trial to negotiate a settlement. Mediation-In mediation, the parties attend sessions with a specially-trained, impartial person who will help them negotiate an agreement. Trial-If no agreement can be reached, the case must proceed to trial, where both you and your spouse will testify before a judge. You may need witnesses and documents to assist the court in resolving the issues. Prove-up and Entry of Judgment-If you have reached an agreement without a trial, you must still appear before the judge and testify about the particulars of the agreement. At that time, or at a later date, a Judgment for Dissolution of Marriage based on your agreements will be entered by the court, and your divorce becomes final. |