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FAQ: Your Divorce Case and How it (Usually) Will Proceed

    Generally, there are three steps to a divorce case. First, file the Petition for Dissolution of Marriage. Second, attend the provisional hearing. Lastly, there is the Final Hearing. I will explain all of this in the following pages and some more, too. As I said, this is how things generally go.

    Each case is unique. Divorce deals always with dividing property and debts. Other matters depend on if there are children or not.   Again generally, courts divide the property and debts on a 50-50 basis. Custody always depends on the best interests of the child.  

    Between the provisional hearing and the Final Hearing, there may be settlement negotiations, mediation and discovery.  The facts of this case are unique, and how the law applies to our facts is unique.  The court  interprets the “fit” between our facts and the law.  That means the judge might not see things our way if we go to trial. That is why there may be settlement negotiations. Remember the phrase, a bird in the hand is better than two in a bush? That thinking applies directly to settlement.  You and I will weigh the costs of settling the case versus taking it to trial -- costs in money, time, energy, stress, and what litigation might do to the relationship you have with the other person (your ongoing relationship is especially important if you are parenting children together).  You and I will weigh the benefits of settling on a sure thing versus taking a chance for more in court, bearing in mind that the judge might rule against us. If we can settle all matters, then there is no need for a Final Hearing.  The settlement agreement becomes your Decree of Dissolution signed off by the judge in your case.

    Some counties require mediation. Instead of a judge, we appear in front of a mediator and the mediator works us towards a settlement. Then we ask the Court to adopt the agreement and convert it to an order. Mediation requires additional costs because we must pay for the mediator. If successful, mediation means no final hearing. The mediation agreement becomes your Decree of Dissolution signed off by the judge in your case.

    Discovery is the process where we get information from the other side and they get information from us. I discuss this more below. Both sides  engage in discovery because the lawyers want all the information possible before we go into court.

    Then we get to the conclusion, the Final Hearing. WE could not settle all matters, mediation was not required or was unsuccessful, and so now we put the issues in your case to the judge. The judge makes a decision which he puts into a Decree of Dissolution.