I picked a theme for this week’s posts: the lifecycle of a divorce. We start out with the initiation phase. This is when all the forms are filed with the court to start the case.
- The Petition. The written request for divorce, called the “petition,” is drafted and filed with the court. The person starting the case is called the Petitioner. The petition contains all the requests that the Petitioner is seeking. It includes a listing of assets and debts, and (if the couple has children) Petitioner’s desires re: child custody, visitation, and support.
- Service. Service can be accomplished several ways: personal service by someone who is not a party to the case, certified mail, or publication. The person being served is called the Respondent. He or she is served with the petition and a summons. The Summons tells the Respondent that he/she must file a written Answer to the Petition with the court and send a copy to Petitioner or Petitioner’s attorney within a certain amount of time.
- Responding to the Petition. The Respondent usually files an Answer, giving her/his responses to the requests from the Petitioner’s petition. The response may also include a portion where the Respondent writes out his/her own version of a petition.
- Temporary Orders. If there are things that need to be ordered while the divorce is getting processed (i.e. until the final divorce terms are ordered), then one or both parties will want to seek temporary orders from the court. Temporary orders include issues such as temporary custody of the children, temporary financial support, and who will stay in the marital home and/or have possession of automobiles. Temporary orders sought may also include protective or restraining orders where appropriate.
- Setting a schedule. This process is usually done by way of something called a “Scheduling Order.” This sets out the schedule for when certain deadlines have to be met during the next phase to get ready for case resolution.
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