Divorce Overview

Divorce is arguably one of the most stressful and important events anyone will face.  It has consequences which last long after the court enters its final orders, especially if there are children involved.  It is critical that those facing divorce understand their rights and are able to protect their short, mid, and long term bests interests.  Moreover, if there are children involved you have a responsibility as a parent to ensure you children are protected.

There are five main issues in divorce:

1. Division of Assets & Liabilities
2. Child Support
3. Maintenance (formerly known as Alimony)
4. Decision Making for the Children
5. Parenting Time

Oftentimes parties will agree on part, most, or if you're lucky, all of those issues. However, always remember that the immediate goals and agreements may not be good for you in the long term.

Generally speaking divorce is initiated by filing a Petition for Decree of Dissolution of Marriage. Shortly thereafter the court will schedule and Initial Status Conference. If there are disputed issues which require immediate attention the court will set the case for Temporary Orders (such as temporary child support/maintenance and visitation). Oftentimes the court will order mandatory mediation with a neutral third party. Then if that does not work the court will hold a Permanent Orders hearing for the final orders.

The length of time it takes for a divorce varies from county to county and the complexity of the issues in the case. In some counties it can take more than a year, even for a case which isn't overly complicated. However most of the time the typical case takes about 3-9 months.

Remember just because final orders are entered doesn't mean that the divorce is over. Oftentimes, particularly with a recalcitrant individual, one person may be required to enforce the final Order with a contempt proceeding. Sometimes the final Order must also be re-visited due to a change of circumstances or other unfairness.