Filings

This is the official paper part of the process. We give paper to the Court by filing it with the appropriate clerks in the appropriate offices. We do this every day, so all you have to worry about is what the papers say. You give us the facts, and we'll put them in the right format.

Complaints and Petitions are basically the same thing at different points along the way. We begin with a Complaint, and complaining is something we're all good at.

Both of these filings MUST:

• Include certain required elements.
• Include all prayers for relief, which is legalese for "what you want,"
  keeping in mind that, if you don't ask for it, you won't get it.
• Be signed under oath by you. Remember, anything you sign under oath can be used against you later; so stick to the facts and try not to exaggerate or embellish.

Some of these papers will be "served by summons," which means someone hands the Complaint and a Summons to the opposing party, and perhaps someone will hand one to you; others are sent by mail. When you get one, don't panic. It's just part of the process. When you read it, you'll almost certainly feel a rise in your blood pressure, perhaps even a strong desire to voice a few words you don't want your children to hear. Try to keep it all in perspective; both sides ask for more than they expect, but if you don't ask you won't receive. And your children have enough stress right now.

Every complaint must get an Answer:

• The initial Complaint must be answered within 30 days.
• Supplemental and amended Complaints must be answered within 15 days.

Answers admit, deny, or neither admit nor deny the allegations set forth in the Complaint. As with the Complaint, the Answer is signed under oath. Again, anything you sign under oath can be used against you later; so stick to the facts and try not to "spin" the numbers, dates, or occurrences. Sometimes additional information is needed, but not usually. Don't answer more than is asked.

The Case Information Sheet identifies to the Court your case's issues and how much of their time we need. We file them with the Complaint, Petition, or Answer, depending on the situation.

Financial Statements are used to determine child support, alimony, and monetary awards, and are filed with the Complaint, Petition, or Answer. We'll file two sets, one with the initial filing and another two weeks before trial.

There are two types of Financial Statements:

• Long forms go through all of your income and expenses. They're used mostly for child support, alimony, and monetary awards. However, even if you aren't
  asking for any of those, there's a lot of information we'll need at our finger tips, so we require a long form from all of our clients at the beginning of the case. See What We Need From You.
• Short forms deal only with income and child-related expenses.

Discovery is used by both sides to determine each other's position and what can be proven. It gathers financial information, enables property appraisals, gets documents from third parties, and gives us an idea of the testimony of any witnesses.

We will send and receive Discovery. There are seven types:

• Interrogatories (questions) - answers to these are "under oath"
• Request for Production of Documents
• Requests for Admissions
• Request for Entry on Land
• Depositions
• Depositions Dunces Tecum

Discovery requests can be served on the other side with the Summons and Complaint or any time before the cut off date set by the Court. In custody cases we often do not begin discovery until after mediation.

Responses to Discovery are due to the other side in 30 days. We need them before that so we can get them in the correct format and go through your answers with you.

The Joint Property Statement (9-207) is a compilation of all assets (marital and non-marital) owned by both parties, regardless of title, and each party's idea of what they're worth. The parties don't have to agree on anything about the property - whose it is, when it was acquired, or what its worth - they only have to list it.

Hearings and court appearances

We've all seen them portrayed on TV and in movies. In real life they are different. In real life:

• There's no script.
• There's no jury - just the Judge or Master and a clerk.
• The courtroom is comfortable.
• The media will not be there to take pictures.
• Your case is one of many that day, so there's no tolerance for lateness.
• There may be other people in the room. They don't care about you; they just want us to get done so they can have their turns.
• Mistakes will happen. Someone forgets a date or an amount. A witness may not show up.
• The Judge may not want to hear anything about what you thought was most important.
• No one is going to stand up five minutes to the end and confess to causing all your troubles.
• Some of them can be very boring.

Both sides know what they want to tell the Court, but it's stressful and you may feel confused. Don't worry, it's our job to steer you through your testimony and to help you get the information out. The judges and lawyers have done this many, many times, and know how hard it is. And, truth be told, most them would be just as nervous on the witness stand as you are.

Hearings and Conferences are held before a Judge or Master. Masters conduct hearings and make findings and recommendations that, if approved by a Judge, result in a Court Order. Masters conduct scheduling conferences, settlement conferences, status conferences, and pre-trial conferences. Judges conduct hearings and issue Orders based on the evidence before them.

There are several types of hearings and Court appearances:

The Scheduling Conference is the easiest part of the process if you come prepared, and usually takes less than one hour. Both parties and their lawyers sit at a big table before a Master and set the dates for every step in the process. These dates cannot be changed afterward unless you've got a substantial reason ? like a funeral or serious medical event.
The Court orders you to attend this conference and requires that you bring pay stubs and tax returns (we'll give you a specific list). Bring your calendar, too, unless you want to change every other appointment in the coming months. Your dentist may understand, but the Court will not.
NOTHING will be decided at the Scheduling Conference unless by agreement. The Master does not want to hear any facts of the case; we're only there to set the dates. And these dates are for:

• Parenting classes (if required)
• Custody mediation (if required)
• Pendente Lite hearing
• Cut-off dates for Discovery and identification of Experts
• Settlement conferences
• Status conferences
• Merits hearings

After the dates are set, the Master may send us all to a Facilitator right then to settle immediate issues - like child support and access, alimony, and who will make the car payments - for the time between now and the final judgment. If we can resolve these issues then, we may be able to avoid a Pendente Lite Hearing.

The Master may also order a Custody Evaluation or appoint a Guardian ad Litem (GAL), to assist the Court in determining the best interests of the children.
 
A Pendente Lite (PL) Hearing determines what will happen in the short term between then and the Final Merits Hearing. It covers issues like child support, child access, alimony, use and possession, attorney fees, suit money, and other bill payments - and rarely takes more than three hours.

In Settlement and Status conferences, we will meet with a Master to try to settle individual aspects of the case, like custody or property. For custody we will hear reports from the Custody Evaluator or GAL. For property, we'll discuss the Joint Property Statement. You MUST attend these conferences.

Merits Hearings are the end of the process. This is the trial.

Either a Judge or Master presides and makes the absolute and final decisions in individual issues after hearing all of the evidence.

Exceptions

Exceptions are essentially an appeal from a Master's finding and recommendations. They are rarely necessary. We'll discuss them if we need them.

How does it end?

With a Court Order. If your case is a divorce, the Judgment of Absolute Divorce is the final document. It will incorporate any previous orders that need to continue and the provisions of any separation agreement. In a custody or support case, there is an Order that incorporates all of the custody and support provisions.