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The Divorce Litigation Process: Step-by-Step

The Divorce Litigation Process: Step-by-Step

 

Navigating the Divorce Litigation Process: A Step-by-Step Guide

 

Divorce litigation can be daunting, but understanding the process can help you feel more in control. At Sarnacki Law Firm, we’re here to guide you every step of the way.

 

Here’s a step-by-step look at the divorce litigation process.

 

  1. File a Complaint

 

The litigation process begins when one spouse, the plaintiff, files a formal complaint with the court. This document outlines the reasons for the divorce and the relief sought.

 

  1. Serve Your Spouse

 

The defendant is formally notified of the proceedings and given the opportunity to respond to the complaint.

 

  1. Ask for Temporary Orders

 

Temporary orders address urgent issues like child custody, spousal support, and possession of the marital home while the divorce is pending.

 

  1. Discovery Process

 

“Discovery” is the collecting of relevant evidence for court. This can include interrogatories (written questions), document requests, and depositions (oral questioning under oath).

 

  1. Negotiations and/or Mediation

 

Before going to a formal trial, couples are try alternative dispute resolution (ADR). This can include mediation or arbitration to reach a settlement.

 

  1. Divorce Trial if Negotiations Fail

 

If negotiations and ADR don’t resolve the issues, the case will go to trial. Both sides present their evidence and best arguments, and the judge makes a decision.

 

  1. Final Judgment

 

The judge issues a final decision based on the evidence and arguments the parties presented during the trial.

 

  1. Appeal Process if Warranted

 

If either spouse is dissatisfied with the judgment, they can file an appeal, which involves a higher court reviewing the judge’s decision.

 

Contact Sarnacki Law Firm to guide you through each step of the divorce litigation process and ensure your rights are protected.