Family Law – Overview of Divorce (Part 2/4)

Phase 2- Discovery/Waiting Period: After you have filed for divorce or been served with the Petition, it is time to prepare your Sworn Financial Statement. Both parties are required to report their income, assets, debts, expenses, and provide all supporting documentation. These forms are due 20 days after the Response has been filed, or, if no Response was filed, 40 days after the Petition was filed. After all financials have been disclosed, the parties (and/or attorneys) should address the major issues in the case. Often the issues to be addressed include a) property distribution; b) maintenance or spousal support; c) child support; and/or d) allocation of parental responsibilities, which includes parenting time and decision-making. If these issues cannot be resolved on a permanent or temporary basis, the parties can request a Temporary Orders Hearing, where the Magistrate or Judge will hold a brief hearing on the time-sensitive issues, and make a temporary order that will last until Permanent Orders, or final resolution. Additionally, during this time the parties may choose to engage in discovery. Discovery is the process in which a party requests additional documentation and/or specific answers to questions (called interrogatories). During this time you may engage in numerous settlement negotiations and attempt to resolve the case without going to court. This may include attending mediation and/or settlement conferences. This period of time usually lasts between 3-12 months.