Divorce Basics: What to Expect from the Court Process (Divorce Terms and Timelines)

The decision to file for divorce is a difficult and serious step to take. Often, a Complaint for Divorce is filed in order to start the legal process. What happens next? How long do things take? How is it all organized? We’ve compiled a list of terms and timeline information for you to help ease your concerns. While this blog article is about the court process, it is important to note that at any time during this process, you can reach an agreement and settle your case without the need for the next phase or event.

Divorce Terms and Timelines

File a Complaint – The initial Complaint is the start of a lawsuit.  It places the other party on notice that a lawsuit has commenced.  The Plaintiff is the first party to file and must then prove service of that Complaint on the Defendant.  The date the Complaint is filed can be an important date as far as the parties’ respective interests in the financial accounts or debts.  Substantively, it makes no difference who is the Plaintiff and who is the Defendant.  Most of the time, we can coordinate the service of the Complaint with the attorney for the other party, but if formal service is required, a process server or the sheriff can be utilized.

Answer and Counterclaim – in most cases, once the Plaintiff files, the Defendant will file an Answer and a Counterclaim.  There are rules establishing the timeline for this (typically 35 days) to keep the matter moving.  If no Answer is filed, the matter can proceed by what is called Default, but that is not typical.

Case Management Order – the Case Management Order establishes the dates and court events once both parties have submitted their initial pleadings.  Dates can always (and usually do) shift, but again, having dates and deadlines will keep the matter moving forward.

Case Information Statement and Discovery – the Case Information Statement (CIS) is the first document to outline what assets and debts exist.  It also provides details as to the monthly needs and income available.  If, after review of the CIS, there is a need to collect more information, the parties can serve a demand for discovery with Interrogatories (questions) and a Notice to Produce Documents.    Depositions (or the taking of testimony under oath) are also a tool available to collect information. 

Court dates – Only after the above events will your case receive substantive court dates such as Early Settlement Panel, Intensive Settlement Conference, and eventually, Trial.  It is also possible that during the above steps, there may be more emergent issues that must be addressed in an application to the Court in a Motion pending the litigation (called pendente lite).  But the hope is, at any time during this process, you can reach an agreement and settle your case without the need for the next phase or event.

How You Can Begin to Estimate the Timeline for Your Divorce

While there is no firm timeline, the above can take about 6 months before your first substantive court event with Early Settlement Panel. But every case is different, and every set of circumstances is unique.   A local attorney with an understanding of the court’s particular dockets and case management will shoulder some of the stress of this process. 

If you have any questions, please feel free to reach out to us at 908.237.3098 or use this contact form.