What Does the Court Do After a Divorce is Filed?
When an Answer to the Complaint for Divorce is filed, the Court will schedule the case for an initial scheduling conference. The purpose of the scheduling conference is to identify the issues in controversy, establish a timetable for discovery, and set appropriate pretrial conference dates to ensure the case progresses.
At the scheduling conference, the Court will also determine whether there are disputed issues regarding the allocation of parental rights and responsibilities. If parenting issues are disputed, the parties may be ordered to attend a settlement conference or be referred to mediation and/or Early Neutral Evaluation (“ENE”). If your case is referred to either mediation and/or Early Neutral Evaluation, another scheduling conference will be scheduled close in time to your first session to determine progress in the disputed issues.
If unresolved property or parenting issues remain, a formal pretrial conference and trial will be scheduled as the Court’s calendar permits. Prior to trial, the Court may require that each party file a pretrial statement which contains all of the following information:
A list of all property believed to be the separate property of each spouse;
A list of all property believed to be marital in nature, the value of that property, the valuation date used in determining the value, the NADA trade-in value of any vehicles (if available), and an account of all debts owing upon each item of property;
A list of all other debts of the marriage;
A statement of the contested issues of fact and law;
A list of all witnesses;
A list of all exhibits;
A statement as to whether shared parenting is being requested.
Generally, no case will be scheduled for trial until the parties have held a settlement conference and after discovery is complete.
When you need a skilled and experienced family law lawyer, contact Christopher M. Alexander at (513) 228 – 1100, mobile (513) 226 – 8489, or online at Chris@awklegal.com.