Going through a divorce can be such a confusing time. There are certain steps/procedures that you must follow when filing for a divorce and during the entire divorce process. The steps/procedures differ based on whether or not there are minor children that were born during the marriage.
Divorce without minor children:
- File Complaint for Divorce, Summons and Record of Divorce/Annulment
- By law the divorce cannot be finalized for at least 60 days
- During this 60 day period the attorneys for the parties will negotiate on your behalf, while keeping you apprised of everything every step of the way, to try and finalize the divorce
- The court will schedule a Pretrial Conference for some time after the 60 day waiting period
- If everything is agreed upon before that first hearing (the Pretrial Conference) then at that first hearing the Judgment of Divorce can be entered and your divorce can be finalized
Divorce with minor children:
- File Complaint for Divorce, Summons, Verified Statement, and Record of Divorce/Annulment
- By law the divorce cannot be finalized for at least 180 days
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If the parties are going to go through Friend of the Court, the court will
schedule a Conciliation/Investigation, usually within 30 days:
- This allows both parties to speak with a Friend of the Court conciliator/investigator to discuss what each person wants in regard to parenting time, custody and child support
- If you come to an agreement the Friend of the Court conciliator/investigator will prepare an Order
- If you do not come to an agreement the Friend of the Court conciliator/investigator will prepare a recommendation
- If either party objects to the recommendation then there will be a hearing in front of a Referee
- During the 180 day period the attorneys for the parties will negotiate on your behalf, while keeping you apprised of everything every step of the way, to try and finalize the divorce
- The court will schedule a Pretrial Conference for some time after the 180 day waiting period This is to allow the parties ample time to resolve all issues pertaining to the minor children
- If everything is agreed upon before that first hearing (the Pretrial Conference) then at that first hearing the Judgment of Divorce can be entered and your divorce can be finalized
