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.

 

  

 

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