In a marriage where there are children and/or significant property or debt, and/or where the parties cannot file a summary dissolution a basic dissolution of marriage/divorce generally goes as follows:

First, one spouse files a Petition for Dissolution of Marriage (we’ll call it the Petition), pays the filing fee, which is currently $435.00 and “serves” these documents on the other spouse. Once the Petition is filed, both parties are restrained from, among other things, closing joint bank accounts, selling property, changing the title to property, changing the beneficiary on life insurance policies and pension plans, and spoiling or consuming assets that belong to the parties, without consent from the other party or by court order. The restrictions are set forth on the “Summons” form that is filed with the court and served on the other party. Disobeying these restrictions can have serious consequences.

 

Once the other spouse (now called the respondent) has been “served” he/she has thirty (30) days to file a response and when filing their response with the court must pay also pay a $435.00 filing fee.

 

After the petition has been filed with the court and served on the other side, the parties now have a duty to disclose all of their financial information to the one another. Each party will be required to serve and file with the court an Income and Expense Declaration setting forth their earnings, expenses, debts, and information about the expenses involved in caring for their children, if any. In addition, each party must provide the other, but not the court, with a Schedule of Assets and Debts which lists of all of the property/assets and debts/liabilities they own either jointly with the other party or separately and the value of the asset/liability. As with the Petition, you will have to provide the court with a “proof of service” showing that the other side received these documents. Failure to provide these documents to the other side can have serious consequences as well.

 

If issues arise prior to the court making a final judgment in the matter or the parties settling the matter regarding custody and visitation of children, support, or involving the protection of property or assets, either spouse may request that the court make temporary court orders with regards to these matters. These orders can be obtained by filing a Request for Order and appearing before the court. The court will usually hear the Request within twenty-one (21) days of the date that the Request was filed, but can often take much longer.

 

In most cases, the court will require the parties to make a good faith effort to settle their issues so that a trial is not necessary. Trials are laborious and expensive not only for the parties, but the court as well, therefore the court strongly encourages settlement.

 

If the parties cannot agree on how to resolve all of their issues, the issues that cannot be resolved will be taken to trial and the judge will make a determination after hearing testimony and receiving evidence on these issues.

 

After the parties have either signed the Marital Settlement Agreement or after the trial has concluded, one side will prepare a Judgment of Dissolution of Marriage. This document contains all of the court's orders that the parties are bound by law to follow. The Judgment is filed with the court and the court mails a Notice of Entry of Judgment to each side.