DISSOLUTION: the undoing or breaking of a bond, tie, union, partnership, etc.
This Divorce Timeline outlines the steps of the Dissolution process and was deisgned to help you see into the future. We hope it helps you see it more clearly in the months ahead. It is based on the complexities of a Contested Divorce, cases in which a husband and wife cannot agree on the terms of the divorce and a no Marital Settlement Agreement or Parenting Plan is reached.
Step 1: Courage
Divorce is among the most difficult first-steps you will ever take; having the courage to pick up the phone and call my office to schedule a Consultation.
The second life-changing step is actually attending the Consultation. If the Consultation is completed, you will feel like an enormous burden has been lifted from your shoulders.
How long does it take to get divorced?
It can take 24 hours to five years (or longer) to finalize your divorce. This depends on the facts and issues unique to your marriage, and many other considerations. These factors include things like the length of your marriage, finances, animosity, mental health, family and friend interference, intercourse, and, the most important issue in any dissolution, children.
There are many steps that must be taken in any Dissolution in order to receive the Final Judgment for your Dissolution of Marriage—the ‘piece of paper’ you are seeking—signed by the Judge—that changes your status to “single.”
Very few people are familiar with the Dissolution process. This is not something we are schooled in when we tie the knot. We hope this timeline helps you see it more clearly in the months ahead.
The more organized you are, the better the process works.
Prior to your consultation, be sure to make a comprehensive, WRITTEN checklist. Write down any and all questions, concerns, or anything in the divorce timeline that needs clarification. Be sure to email this checklist to your Attorney. There is so much information discussed in the first consultation that some of your important questions may slip your mind.
If you schedule a consultation with our office, I assure you that every last one of your questions will be addressed and answered. We are very efficient in our approach.
Based on many years of experience, my premise is that an educated client constitutes a soldier that will fight with me to achieve your goals and objectives, starting at your Consultation. This is how we hit the ground running. Once we accept your case, my position is “please do not mess up my case”.
2. Consultation .. 1-4 hrs
A Consultation may last from one to four hours, depending on your case matter. We do not judge—we ask that this be simply reciprocated. Withholding judgment best works both ways.
When we meet for your Consultation, many things will be accomplished by engaging in a deep discussion about the facts of your life, your spouse, your children, your finances and property—any and all issues related to your marriage, no matter how pleasant, unpleasant, embarrassing or horrific.
I have listened to graphic details of every description and extreme, such as guns with live ammunition used during sex play. In my 34 years of Family Law practice, I have had three clients and two children murdered.
The good, the bad and the ugly realities of a marriage always turn up in a divorce. Hence, the facts that may seem embarrassing to you are not embarrassing to me. Together, we will work towards harm reduction or any other issue blocking the path to the obtaining of your Dissolution of Marriage and helping you move forward toward your next adventure in life. Yes, it takes courage to consult with an Attorney about getting divorced.
3. Engagement Fee
If you desire to work with our firm, and we desire to work with you, (yes, this is a two-way street) it is necessary to pay an Engagement Fee. Your Engagement Fee will be quoted to you at the end of your consultation as the amount varies from case to case. Once paid, your engagement fee greenlights the start of your Dissolution of Marriage.
4. Courage .. Reflection
Second thoughts and regrets always arise. Further discussion with your family or closest friends will assist you in making your decision to move forward. You do not need to know what you want. We will closely work through all aspects of your case:
Parenting plans
Time-sharing
Finances
Property Distributions
Spousal Support | avoidance of
5. Spousal Conference
Your spouse may or may not know that you are proceeding with a divorce. The ‘how and when’ is important to the pending discussion with your spouse; informing them that you are starting the dissolution process and that the marriage is effectively over.
This can be done in a variety of ways, formally or informally, ranging from a face-to-face discussion at Starbucks, to having a formal letter issued by our office. Sometimes it is a personal letter left for your spouse on the kitchen counter. Every case takes a different approach.
This step can be planned out and accomplished at a predetermined time, via email or phone conversation with your spouse from your attorney.
6. Prefiling Tasks
To start the dissolution process, we prepare a Petition of Dissolution of Marriage to get the ball rolling. The Dissolution Petition is prepared, reviewed and signed by you (if any children) and filed at the courthouse.
This document is written by your Attorney, with your input, and formally served to your spouse and filed in the State Court in the residential county where you and your spouse last resided as husband and wife. It tells the Judge what you want.
The Petition establishes basic and important, relative information about your marriage—namely the husband, wife and any children, and includes statements about the dissolution itself:
children (if any)
property
debts
support
attorney fees and costs
undated sale of real property
other issues relevant to your case.
7. Petition for Divorce
The Petition establishes the date and identification of assets and debts, valuation and distribution in the Dissolution.
A Domestic Violence Restraining Order is not accomplished in a Petition. There is a separate process to obtain a Domestic Violence Restraining Injunction, if relevant. Your Attorney will discuss this with you.
The Petition is formally served to your spouse, normally by the sheriff’s department, if necessary, or by a private Server (known as Service of Process).
Your spouse normally files a Response to your Petition, stating whether they agree or disagree with what you are seeking. Their Counter-Petition for Dissolution of Marriage informs the court what your spouse is seeking in response.
Normally, it doesn’t matter who files first.
8. Do your Homework
The more organized you are in your divorce, the more organized your Attorney will be. You will be asked for many documents that will serve to establish the terms of your divorce, including:
Financials
Assets & Debt
Liabilities,
Income & Expenses
Assembling these documents can be a frustrating and lengthy process, especially for you. It must be done with accuracy, attention to detail and thoughtfulness. The thoroughness of this ‘homework’ will be directly related to accomplishing your goals.
9. File Petition for Dissolution of Marriage
The Petition is electronically filed (via portal) with the Clerk of Court and your divorce will be published in the court filings section of the local newspaper. The Clerk returns a Summons, the document tendered to the sheriff department to initiate the service of process upon your spouse. After this stage of your divorce, you will definitely feel somewhat relieved that the cat is out of the bag, so to speak.
10. Discovery .. more homework
Discovery is the multi-step phase that involves obtaining information and documentation relevant to your case. This is the critical step in which your ‘homework assignments’ really kick in.
Assembling documentation in support of your case is meticulous and time-consuming. The bulk of the work falls squarely on you.
It is an advantage for you to approach your assignments as thoroughly, efficiently and quickly as possible by producing the necessary paperwork to accomplish your goals. Sometimes, you will need to produce Additional Discovery at a later time.
Stay focused!
Formal Depositions will be taken from your spouse and other related witnesses and is the next important phase of Discovery.
At this time, a determination is made if Expert Witnesses are necessary, and if so, retaining them. An Expert Witness can be a Vocational Expert (who determines what income your spouse should be earning), an Appraiser (who determines the value of real property), or a Forensic Accountant (who is an expert in business evaluation). The testimony of these professionals effectively helps support your case.
Often, depositions are recorded by a Court Reporter. During Discovery, there will be a Case Management Conference that your Attorney will attend to discuss the status of your case with the Judge. The most important document prepared in the Discovery process is your Financial Affidavit. Our office will work with you to make sure all information is accurate and effectively marshals the facts that support your goals.
11. Temporary Hearing
A Standing Family Law Order is automatically entered in the court record upon the filing of your Petition Dissolution of Marriage. This basically mandates that the status quo is maintained. However, it is often necessary to obtain a Temporary Order during the Dissolution process. This order outlines the rules that apply to you and your spouse during the Divorce, ranging from ‘time-sharing’ your children, who resides in the marital residence, support issues, attorney fees and costs, and other relevent issues.
There are pros and cons for having a Temporary Hearing and these will be fully discussed with you. You and your Attorney both attend the Temporary Hearing before a General Magistrate or a Judge.
In-person hearings at the courthouse are less common since the covid era began. More and more court hearings now take place electronically, via ZOOM.
For two+ years, our conference room has served as a courtroom. The timely and timesaving emergence of ZOOM technology is slightly less intimidating for some of our clients, but still requires proper courthouse decorum.
12. Marital Settlement Conference
A Marital Settlement Conference is known as Mediation. This is mandatory in your case as you may not have a final hearing or trial unless a Mediation is attended.
This is a confidential settlement conference with a professional Mediator, who acts as a neutral facilitator, hired by your and your spouse’s Attorney. This individual is trained to bring spouses together in attempt to arrive at an agreement, through the assistance of respective Attorneys and shuttle diplomacy—the back and forth of negotiations between ‘nations.’ A neutral facilitator has zero power in your case other than to inform the Judge whether your case settled, did not settle, or another conference has been scheduled.
You are in total control of your Mediation and we will make sure that you are well prepared. Nothing is filed with the courts unless your mediation results in the signing of a Settlement Agreement.
13. Expert Witnesses
It is very important to review the necessity of expert witnesses in your case, as many dissolutions are very complex these days. If expert witnesses are not presented in certain issues, your case may be at a considerable disadvantage.
14. Mediation
This is an important step in settling your case or making the decision to go to Trial.
15. Additional Discovery
After the first phase of Discovery, offices are more often interested in what documents and information was NOT received versus what we did receive.
After a detailed review by our office, a determination is made as to whether additional documents need to be subpoenaed directly from their parties and whether additional Depositions need to occur.
We will have several conferences of this nature during the process of your Dissolution and these and several other issues are always discussed.
16. Docket call
This is the meeting between your Attorney and the Judge for the purpose of setting a date and time for your Trial. Based on scheduling, a trial may occur within 2 weeks to four months after the docket call, depending on the complexities of your case.
17. Trial .. Worst Case Senario
After all attempts to settle your case have been exhausted, you may find yourself facing off with your spouse in the courtroom after all. A Trial is literally the worse case scenario, as you will potentially allow the Judge (a complete stranger) to inform you, your spouse and your children how to live the rest of your lives.
Ultimately, if you or your spouse prove to be unreasonable in all settlement positions, you will be left with little choice but to have your case presented to the Judge.
For every hour of trial time, it generally takes 2-4 hours of preparation time for the Attorneys. Preparation for trial, and the trial itself is an expensive process.
18. Final Judgment (Ruling)
Once the Court enters a ruling of Final Judgment, your divorce is final. Depending on the complexities of your case, the Judge will rule verbally on your case at the conclusion of the trial or by written opinion within one year.
19. Post-Trial Motions
Post-Trial Motions may include a request for the Judge to change his or her mind and change his/her ruling in a CONTESTED Dissolution of Marriage.
Contested Divorce .. Uncontested Divorce
A Contested Divorce, where a husband and wife CANNOT AGREE on the terms of the divorce (including children), and a Marital Settlement Agreement or a Parenting Plan is not reached.
Conversely, an Uncontested Divorce is a divorce in which both parties are in complete agreement of the terms of the divorce (including children) and have signed a Marital Settlement Agreement and a Parenting Plan.
20. Appeal
You or your spouse may choose to Appeal the court’s ruling to the Appellate Court.
This is not a second bite of the apple. Fortunately, or unfortunately, you have little involvement in an Appeal.
It is a review of the record, requiring your Attorney to write “book reports” for a panel of three Judges. It may or may not involve a 15-minute oral argument after approximately 12 to 15 months. Normally after oral argument, a ruling or a written opinion is entered. This occurs about two months after the Appeal. You and your Attorney may elect to waive oral argument. Again, there are pros and cons to this.
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