Many clients appreciate having a "road map" of the steps involved in a divorce case. Each person's situation is different therefore it can take different roads. Some of the steps listed below may not pertain to your case and may have additional steps that are not listed. This is intended as general information to help you understand the many twists and turns involved in a divorce case.
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| 1. |
Meet with a divorce attorney to discuss options and timing as well as the laws of divorce in your state. |
| 2. |
Hire an attorney by signing a retainer agreement and providing retainer to firm. |
| 3. |
Provide requested information to prepare divorce paperwork. For example, names, addresses, social security number, date of birth and telephone numbers. |
| 4. |
Review papers prepared to file divorce/legal separation and sign. |
| 5. |
Law Firm files paperwork with Court with filing fee. |
| 6. |
Opposing party is served either by voluntarily accepting service in writing, or by being physically served by a process server. |
| 7. |
Sign up within two weeks of filing and complete the required parenting class if children are involved. |
| 8. |
Opposing party files a response (an answer) with filing fee. |
| 9. |
Provide discovery to opposing party (documentation, depositions). |
| 10. |
Obtain discovery from opposing party (documentation, depositions). |
| 11. |
Obtain discovery from other potential witnesses (documentation, depositions). |
| 12. |
Participate in custody / parenting time evaluation if children are involved. |
| 13. |
Determine goals and negotiating position for final settlement of case. |
| 14. |
Attempt settlement: make settlement offers, participate in settlement, conference and mediation. Skip to step #18 if settlement is reached. |
| 15. |
Prepare for trial (review issues, witness questions, goals and trial position). |
| 16. |
Attorney files trial memorandum outlining issues and trial position. |
| 17. |
Go to trial. |
| 18. |
Attorney drafts settlement or Judge's ruling into a Judgment of Dissolution of Marriage. |
| 19. |
Review draft of Judgment with attorney. |
| 20. |
Opposing party approves form of Judgment or submits written objections to form. |
| 21. |
Judge reviews and signs Judgment. |
| 22. |
Exchange personal property and assets as necessary under Judgment. |
| 23. |
Verify that proper insurance is obtained. |
| 24. |
Verify that any pension or retirement accounts are properly divided. |
| 25. |
Once the divorce is final, follow up to make sure proper life insurance has been obtained, benefits have been changed and asset transfers, judgments have been filed and will's redone |
