THE DIVORCE PROCESS AND WHAT TO EXPECT ~
Resolutions in cases of divorce, especially when involving children, are usually best settled outside of the courtroom and without the stress, expense, and pressures of confrontational litigation. However, we are always prepared to bring your case to Court when it is in your best interests to do so.
Step 1 – Initial consultation:
The first step is meeting with your attorney. This is very important as you are going on an important journey with this person. You want an attorney that you are comfortable with. The greatest reputation in the world will not get you a result unless there is some sort of working relationship.
It is important to realize that no matter how uncomfortable, embarrassing or upsetting the situation is, you need to tell the truth to your attorney. This initial appointment is critical as your attorney will evaluate the weakness and strengths of your case and planning the strategy for success and it is imperative they know the whole background story. This is where you will generally retain your attorney.
Step 2 – Retain counsel:
You will receive a written contract clearly spelling out your and your attorney’s duties and responsibility. Our firm accepts payment by check, cash, credit card, Pay Pal, etc. In addition to the attorney fees (initial retainer) if you are the filing party you can expect filing fees and fees associated with service of summons. If there is any aspect of the fee process you do not understand this is a good time to ask before you begin a process you are unable to follow through to a successful completion.
Step 3 – Paperwork:
You will be given a basic information form, an income and expense statement and a personal property list. You may receive these as hard copies, CDs or as a document download. If you wish to begin preparing these documents prior to your visit with our office, click here for the forms.
Statement of Income and Expense
Statement of Property and Domestic Relations Questionnaire
Often clients return these documents without complete information – this just slows down the process. If you are having difficulty we have paralegals ready to help.
After we have reviewed your paperwork we will start preparing the important and numerous pleadings. During this time we will no doubt be working with you on issues that arise.
Once the pleadings are fully prepared we will have you review the papers carefully - at this point we work with you so you fully understand exactly what is being signed and what it means. If revisions are needed this is the time to make the changes.
Parenting Plans as part of the initial paperwork
In 1998, Missouri’s General Assembly mandated that in all child custody cases, the court must adopt a “parenting plan.” Missouri’s parenting plan mandates that these written plans address a variety of issues. The Missouri Supreme Court has adopted a sample form that can be used to comply with the parenting plan law. (Click on the link below to see it.) Adams Law Group has developed a parenting plan we prefer, that meets all the statutory requirements. A parenting plan begins with a form but must be tailored to the parents and their child or children. We turn your parenting plan into a plan that will work to secure the best interests of the child or children.
Parenting plans force parents to see in black and white what they probably never thought about in detail before they divorced. They have hopefully paused and considered things that really matter in the everyday life of their children.
Missouri Supreme Court sample parenting plan (LINK)
Step 4 – Filing:
Now your divorce is ready to be filed in the court. If your case is non-contested your spouse will have also signed the papers, no service of process is needed and in about thirty days you can be divorced. If your case is contested, the court will issue a summons that will be served on your spouse by either the sheriff, or a Special Process Server.
Once your spouse is served a clock starts ticking. Your spouse has thirty days to file a legal document called an Answer. If no answer is filed by your spouse a Judgment by default can be granted. This basically means you will be granted you divorce without a fight because your spouse did not respond.
Assuming your spouse responds he or she will file an Answer to your petition and generally file a lawsuit against you called a Counter Petition. You and your attorney will respond appropriately to that lawsuit.
Step 5 – Discovery:
Generally at this time we start discovery. Discovery is the method we use to obtain information about your spouse. We serve interrogatories on your spouse. Interrogatories are written questions that your spouse must answer fully under oath. This gives us essential information to move toward settlement or trial. Likewise your spouse may serve interrogatories on you. These must be answered under oath. We also can force your spouse to produce documents. We file what is called a request for production of documents.
Other discovery is obtained through depositions. Depositions are questions that we ask your spouse or a witness in person under oath in front of a court reporter. The questions and answers are reduced to writing and bound in a book. This information locks in your spouse’s testimony, forces them to answer the hard questions and can be used at trial to point out if your spouse is not telling the truth, (what we call impeachment).
Step 6 – Hearings:
As of 2008, the St. Charles Circuit Court has undergone a transformation to try to stream line the divorce process in an effort to make certain complex matters do not get bound up in the court system for years.
Please note if you have immediate issues which need to be addressed, such as temporary child custody, child support, etc., your matter will be scheduled for a pendente lite hearing. A pendente lite Judgment is, essentially, a Judgment put in place pending a final Judgment in your matter. You and your attorney will discuss matters to determine if this is a feasible and necessary course of action.
If your divorce is filed in St. Charles County, after the necessary Answers to Petitions and Counter-Petitions are filed your case will be scheduled for a Case Management Session, providing the aforementioned pendente lite hearing is not required in your case. At this hearing both parties, and their respective attorneys, will have a brief session with the Judge to examine the main issues complicating settlement of the matter. The Court will determine a timeline for various legal aspects for the case to be completed, thus omitting the chance of any significant delays in the process. There will be timelines provided for written discovery, depositions, expert disclosures, etc. Also at this time one Pre-trial conference will be scheduled which is generally set approximately two weeks prior to the trial setting.
We also practice in Lincoln, Warren and St. Louis Counties – each has their own particular method of handling the Court’s docket. You will be fully informed of the process and procedures associated with the County in which venue is proper for your dissolution of marriage action.
