
2. If the Respondent files a Response,
the parties exchange documents and other information
about their property and income. This is called
"Discovery." Discovery can be in the form of questions
asked in person (by deposition) or through written
questions.
If one or both of the parties need the court to make
orders before trial, either spouse may do so by filing
an Order to Show Cause. Normally, the request will be
for child custody, child visitation, child support,
spousal support, attorney fees, or for a domestic
violence restraining order. Each party appears in court
and explains his/her position. The court then makes
orders based upon the evidence.
After discovery is complete, one party will set the case
for trial. Thereafter, the Judge will schedule a
Mandatory Settlement Conference before trial. At the
settlement conference, which is held in the courtroom,
both sides are ordered to appear with their attorneys
and attempt to settle as many issues before the trial as
they can. If they are able to settle the entire case, a
Marital Settlement Agreement is drafted, and a judgment
is drafted. Again, six months and one day after the
Respondent was served, the divorce becomes final.
If no settlement is reached, a trial date is set.
At trial, each attorney presents evidence and arguments.
The judge makes orders on all unresolved issues. The
judgment is prepared and approved by the divorce
attorneys and then submitted to the court. Once the
judge signs the judgment and the six month waiting
period has elapsed, the divorce becomes final.
Even after the court signs the judgment, some orders can
be modified in the future upon the happening of certain
qualifying events. These modifiable orders include child
support, custody, visitation, and usually spousal
support. However, other orders can almost never be
changed after the judgment is entered; these include
orders dividing property, and orders awarding attorney
fees.