LEGAL :: AUGUST/SEPTEMBER 2007
The Stages of a Divorce Process
One of life’s most difficult decisions is whether to end a marriage. Many people are uncertain as to whether they ultimately will pursue a divorce, but still want to understand the process for obtaining one. Knowledge is empowering and often helps you think more clearly as to how you wish to address the issues within your marriage. This article gives a general overview of the stages of a divorce case.
Unlike in other states, there is no formal paperwork that needs to be filed in Delaware to declare a “legal separation” because the parties are considered legally separated as of the last date they shared a marital bedroom. You can file a divorce petition as soon as you have become separated. Unless the divorce is filed on the grounds of “Misconduct”, however, you must be separated for six months before the Family Court will grant a decree finalizing the divorce.
The filing of a divorce petition is the first step and triggers many court deadlines for moving your case forward. For example, once a divorce is filed, the other spouse will have twenty days from the date that they were served with the petition to file a response with the Court. For the divorce itself, you have the option in Delaware to attend a hearing on your petition, or to have the Court enter a decree based upon the “papers.” If you choose to proceed on the papers, you do not have to attend a hearing, and the Court will consider the petition and mail you your divorce decree.
For other matters such as alimony or property division, within thirty days of the date of divorce the Petitioner (the person who filed the Divorce papers) must present their half of a Joint Financial Report to the opposing party. Within sixty days of the date of divorce, the Respondent must complete their portion of the Report and present the final version to the Court. Typically, the Court will then contact the parties to schedule a Pre-Trial Conference. Of course, representation by an experienced divorce attorney will make the process easier and less stressful.
At some point after the Financial Report is filed, you and your attorney will begin a process called “discovery” in which you and your spouse will have a certain amount of time to respond to requests for information. These demands can come in several forms, the most common being a “Request For Production of Documents” or demand for documents, to which both parties must comply. Depositions may also occur during this discovery period. Depositions consist of a series of questions that you and your spouse answer under oath. The attorney representing your spouse asks you the questions; your attorney questions your spouse. Furthermore, if there are contested issues of custody and parenting time and/or if there are assets that need to be valued, such as real estate or a business, those evaluations occur during this time period with the assistance of experts.
A few weeks before the Pre-Trial Conference, a second joint filing is due to the Court, called the Pre-Trial Stipulation. This document provides the Court with all the financial information the parties gave and received during the discovery process. This will aid the Court in its attempt to equitably divide the marital assets and debts. The Court and the attorneys will refer to this information during the property division or alimony hearings that will be held after the discovery period is complete.
While this is the general procedure, the process can vary according to the hearing officer assigned to your case. The entire process can take over a year from the date the Petition for Divorce is filed. Furthermore, while this process is proceeding, the parties, their attorneys and the Court may also be handling your child support and child custody matters. Also, during this process the Court can issue protective orders such as “PFAs” to assist the parties work through times of confrontation
The above offers merely a summary of the general process of a divorce. Subjective circumstances of an individual case can certainly cause a case to evolve in a variety of different directions. For example, a case involving a long-term marriage and an extensive asset base generally will be a more involved matter than a short-term marriage with relatively minor assets. However, it is also important to keep in mind that with the assistance of an experienced lawyer and cooperation from the parties, even complicated matters can often be solved expeditiously and amicably. For more information or to schedule a consultation, contact Attorney LaBruyere at Rahaim & Saints by calling (302) 892-9200. Or visit www.rahaimandsaints.com.
At the Wilmington and Newark law offices of Rahaim & Saints, our Delaware divorce attorneys have over 25 years experience in the negotiation and litigation of family disputes at all levels of Family Court. In addition, we are committed to a personal, client-focused practice with frequent case updates, promptly returned phone calls and clear communication at all times.
The expense and frustration of a family dispute is sometimes overwhelming. At Rahaim & Saints, our family lawyers offer a compassionate practice and affordable rates – just ask the countless satisfied clients who have referred their friends and families to our firm. If you are facing serious questions related to a divorce, alimony, custody, child support, paternity testing or another area of family law, contact the Wilmington or Newark offices of Rahaim & Saints today for a consultation and review of your rights under DE Domestic law.
With offices located in Wilmington and Newark Delaware, our attorneys at Rahaim & Saints offer legal advice and trial representation on a diversified range of legal topics, including divorce, personal injury, bankruptcy and drunk driver (DUI) defense. We have helped our clients throughout the state of Delaware. Attorney Marie LaBruyere practices in the following areas of law: Family Law; Divorce; Custody; Support. She received her B.A. from Washington & Jefferson and her J.D. from Villanova School of Law. She is a member of the Melson-Arsht Inns of Court. She has served as an officer of the Criminal Law Section of the Delaware State Bar Association.
