Divorce Process

Providing a Typical Timeline

While each case is different, the path towards the finalization of your divorce will follow a set route.

What follows is a timeline starting on the day a Petition for Dissolution of Marriage is filed with the Court:

Day 1: Petition of Dissolution of Marriage

• Rachel A. Michael, LLC files Petition with the Court
• Party who initiates the filing is the “Petitioner”
• Receiving Party is the Respondent
• The Parties may file as “Co-Petitioners”
• Petition is Electronically Filed with the Court

Day 10: Service of Petition of Dissolution of Marriage

• Unless the Petition is filed Jointly, the other Party must be personally served with the Petition or sign a Waiver of Personal Service. Service is usually completed by a private process server.
• Service of the Petition starts the 91-day clock before a Court can order a final Divorce Decree

Day 30: Financial Disclosures

• Each Party much complete a Sworn Financial Statement and provide complete Financial Disclosures (tax returns, bank statements, investment accounts, childcare expenses, etc.)
• Financial Disclosures are mandatory in all cases. 

Day 40: Initial Status Conference (ISC)

• Parties appear at Court with their attorneys (if represented) to speak with the Family Court Facilitator (FCF).
• The FCF will set deadlines for Disclosures, Appointment of Experts and schedule a Temporary Orders Hearing if necessary.
• The ISC generally lasts 10-15 minutes. The Parties do not appear before a Judge.

Day 40 and beyond: Discovery

• Certain cases require additional disclosures or information. A Party may engage in the following investigatory process:
  • Interrogatories
  • Request for Production of Documents
  • Inspection
  • Physical and Mental Examination of Person
  • Request for Admissions

Day 50: Temporary Orders Hearing

• Any pressing issues that cannot wait until the Permanent Orders Hearing may be address at the Temporary Orders Hearing (TPO).
• Such issues may include but are not limited to:
  • A Spouse withholding financial support
  • Dispute regarding the which Party may continue to reside at the Marital Residence
  • Parenting Time

Day 91 and Beyond:

• Court may finalize divorce if there are no issues in dispute

Day 180 and Beyond: Permanent Orders Hearing

• Unresolved issues are determined by a Judge
• Each side is permitted to provide testimony and evidence
• Judge issues final Orders and Divorce Decree