Starting a Divorce begins with filing a Petition and Summons.
The Petition will state the matters you want the court to address in the divorce like custody, visitation, child and spousal support, attorney fees, and division of property. The Summons second page list is orders precluding the parties from doing such actions as borrowing, transferring or otmher actions that diminish the value of the property acquired in the marriage. Upon service of the Petiton and Sumons, the other party has 30 days to file and serve their Response.
Early in the divorce proceeding most parties go to court to obtain temporary orders on custody, visitation, support, attorney fees, and possession and use of property pending a the parties having a Judgment on these issues either by settlement or a trial.
During the divorce, the parties usually gather information and documents in both their possession or that of the other person or another entity. This is commonly called "Discovery", and includes interrogatories, demands for documents, depositions, requests for admission, and subpeonas. The discovery process is necessary to bring the case a conclusion either by settlement or trial. A parties failure to comply with a request for discovery can result in sanctions and paying attorney fees to the other party. Upon completion of the discovery phase, the court sets a settlement conference in hopes that the parties can settle most, if not all, issues. If not, then the court sets a trial for the parties. Trials in family court are bench trials with only a judge, and no jury.
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