The Divorce Process

When one or both parties decide to file for dissolution of marriage, the other
party will usually hire an attorney to file an Answer and possibly a Counter-
Petition for Dissolution of Marriage. In many cases, the parties will exchange
information through a process called discovery, whereby interrogatories
(written questions) and a request for production of documents are sent to the
other party to answer and provide information requested. Once the parties
have gathered sufficient information, there may be settlement discussions
between the parties.

The parties also may attend mediation if the settlement
negotiations are not successful. If settlement negotiations are successful, the
lawyer for one of the parties will usually draw up what is called a Marital
Settlement and Separation Agreement, which is a form of contract that
covers all the issues, such as asset and debt division, payment or
nonpayment of maintenance, child custody, child support, and the payment of
attorneys fees. If there are children, a Parenting Plan covering child custody,
child support, medical coverage and expenses, and other issues will need to
be drafted and submitted to the Court. If the parties are not successful in
coming to a settlement, the case may be heard before a judge at trial. Trial is
sometimes necessary when the parties cannot come to a resolution of all, or
some, of the issues involved in a case. Most of the cases that we have
handled, have settled and did not go to trial. However, we have tried many
cases over the years when that has been necessary.