To start your divorce you must file a Petition for Dissolution of Marriage. The other part must be notified that you have filed the Petition for Dissolution. Normally, this is done by having a third person hand the papers to him or her. This is called “serving” the other person.
Often you can just give the papers to your spouse. Your spouse must then sign an Acceptance of Service. This Acceptance of Service is filed with the court letting the court know that the person has received the paperwork.
Within 20 days the other party must file a “response.” In this Response the person says whether they agree with the statements in the Petition for Dissolution. The response should also include whatever relief this party would want the court to provide.
Parents who have children under the age of 18-years-old need to attend a Parenting Seminar. This needs to be done within 90 days of the Petition for Dissolution being filed.
Another three months after the Petition for Dissolution is filed, a form called “Confirmation of Issues” needs to be filed. This assures the court that the case is on track and there are no problems with the necessary court forms. The court will also be appraised at this time as to whether there is pending mediation as well as any special issues involving the children.
Within at least an eight month window after the Petition for Dissolution is filed, you must begin to disclose the names of all witnesses you intend to call at trial.
You are allowed to gather information from the other person until within six weeks before the trial date. After that you cannot formally call the other person or third parties to provide information to you.
Mediation should be at least a month before your trial date. This is the trail that finalizes all issues in your divorce and ends your marriage.
You should not go through this process alone. Call Lambert Law. We are dedicated to helping you through your divorce proceedings. See all of our practice areas here.
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