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LEGAL PROCESS

The legal process begins with the filing of the Complaint for Divorce. Of course, you may decide to hire an attorney much earlier in the process – for example, to negotiate the terms of the Settlement Agreement.

Here is a rough outline of the Legal Process (during the entire process the parties and/or attorneys may be in negotiations):

· Plaintiff files Complaint for Divorce (and Insurance Certification)

· Defendant files Answer/Counterclaim/Appearance

[NOTE: If Defendant does not file an Answer, the Defendant will be in

“DEFAULT” and a Judgment for Divorce may be entered against the

Defendant – with further legal paperwork, of course.]

· Plaintiff files Answer to Counterclaim (if any)

· Both Parties file & exchange Case Information Statement

· Scheduling Conference with Court Clerk (or attorneys enter into a Consent Order regarding same)

· Discovery Period – exchange of Interrogatories and Document Requests, experts, appraisals, etc. (usually 90 – 150 days)

· Conclusion of Discovery Period

· Matrimonial Early Settlement Panel

· Status/Settlement/Pre-Trial Conferences (attorneys and Judge)

· Status/Settlement/Pre-Trial Conferences (parties, attorneys and Judge)

· Settlement & Uncontested Divorce Hearing (can occur at any time in process)

OR, Trial

Note that during this entire process, either party may decide to file one or more motions/cross-motions.

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