CSG Law Alert: Check This List Twice – A Guide to the Divorce Process
You may have contemplated divorce before, and the stresses of the holiday season may have you considering it again. Have you hesitated because you are not sure exactly what the process entails? Below are answers to some of the most frequently asked questions intended to help you better understand the divorce process.
How Do I Begin the Divorce Process?
The first steps generally involve filing papers with the court. A divorce is initiated with the filing of a complaint for divorce. In a complaint, the first filing party (known as the plaintiff) can seek various forms of relief such as spousal support (alimony), child support, custody (decision making for children), parenting time, and the distribution of assets and debts (otherwise known as equitable distribution), depending on the circumstances. The other party (known as the defendant) receives the complaint and has an opportunity to respond and answer, also asking for relief (in what is known as a counterclaim).
What Happens after the Complaint and Counterclaim?
The next steps involve exchanging financial information (discovery). You (and your spouse) will both be required to complete a form called a Case Information Statement (CIS). In the CIS form, your assets and liabilities are listed as well as your monthly needs for shelter, transportation, and personal expenses, and income information is to be provided in discovery, among other information. You may be asked to provide other information about the issues that have been identified in your matter. Sometimes experts or appraisers are also involved.
What Happens After Discovery?
The exchange of discovery is intended to provide you with information to enable you to resolve. Whether you engage in settlement talks directly with your spouse or with the assistance of a mediator or through counsel, the court will encourage settlement. If you do not settle, your matter will proceed to trial, during which you and your spouse may testify and present evidence to the court for consideration.
For more guidance and in-depth answers to all your questions regarding the divorce process, contact the Family Law Group at CSG Law.