The divorce process can often feel overwhelming. Having an idea of the steps that are involved in advance can help provide you with peace of mind. While every divorce is different, a litigated case typically follows the same steps from beginning to end. Each matter starts by filing a summons with the court — and ends by settlement or trial.

Here are the steps that are followed in most divorce cases:

Commence the Divorce Process

The first step in the divorce process is commencing the case. This involves filing the summons and complaint or summons with notice with the court and serving it on your spouse. Once this has been done, the other party must file and serve an answer that responds to the allegations in the complaint. It’s vital to be aware that there are specific timelines that must be followed when filing and serving the pleadings. These commencement papers must be filed with the court regardless of whether your divorce is contested or uncontested.

Get Your Case on the Court Calendar

After the initial pleadings and a Request for Judicial Intervention have been filed in your case, your case will be scheduled on the court calendar. The preliminary conference is the first in a series of conferences that will be held as the case proceeds through the litigation process. At this conference, the judge will explain the rules of procedure, set a schedule for discovery, and schedule future hearings.

The judge will also ask about the issues that must be decided in the case at the preliminary conference, including child custody, child support, alimony, and property division. If you and your spouse have not completed and exchanged their Statements of Net Worth by the preliminary conference, this will also be addressed at the conference.

Conduct Discovery

Discovery is often the most extensive phase of the divorce process. It involves each side exchanging information and documentation with one another. There are a number of tools that can be used during the discovery process to gather the information necessary, including the following:

• Interrogatories — Interrogatories are a set of written questions that one party sends to another during the discovery phase of a divorce and are answered under oath.
• Depositions — A deposition is a question-and-answer session that is recorded by a court reporter. A deposition can be taken of either spouse or third parties and are used to gather information about the issues in the case.
• Requests for admission — Requests for admission are a discovery tool that asks the party to admit or deny specific statements under oath.
• Inspection demands — An inspection demand requests documents and other items to be produced and inspected or copied during a divorce.
• Subpoenas — Subpoenas are court orders that can be used to compel individuals and entities to provide documents or testimony in a divorce case. It can require the recipient to provide financial records, employment records, communications, school records, proof of income, and other information.
• Notice to produce — A notice to produce is a request for the production of documents. It is a formal request to produce documents such as financial records, custody-related documents, real estate records, tax returns, and other relevant information.

A spouse’s failure to comply with discovery demands is a serious matter. If either spouse refuses to provide the discovery that has been requested, the other can file a motion to compel with the court. If a judge issues a court order that mandates a spouse to produce the requested discovery, they can be held in contempt for failure to do so.

Engage in Settlement Discussions

Even if your divorce case is proceeding through the court system, it doesn’t need to be decided by a judge. In fact, judges prefer that the parties reach an agreement regarding divorce matters between themselves. This can be done with the help of mediation or by using the collaborative process. Parties may also work together with their attorneys during the divorce process to negotiate a settlement for any issues that have not been decided.

Go to Trial

If you and your spouse cannot agree on one or more of the issues that must be decided outside of court, your case will proceed to trial. At trial, each spouse will have the opportunity to present testimony and evidence to a judge who will render a decision regarding the matter.

Obtain a Judgment of Divorce

Whether your case is resolved by settlement or trial, the court will issue a judgment of divorce. Both parties must comply with the final terms specified in the judgment. The divorce decree will include all information in the case agreed to by the parties — or decided by the judge. It will specify the terms regarding asset and debt division, child custody and visitation, child support and alimony, and other issues related to the case.

If a spouse fails to follow the order, the other spouse can return to court to enforce it. In the event either party is not satisfied with the judge’s ruling and has legal grounds to file an appeal, they must do so within 30 days of being served the judgment.

Contact an Experienced New York Divorce Attorney

If you are going through the divorce process, it’s crucial to have a knowledgeable attorney by your side who can guide you and protect your rights every step of the way. At Duke Law Firm, P.C., we are committed to providing our clients with trusted representation for a wide variety of matrimonial matters and family law issues. Offering personalized legal services in every case, we welcome you to contact us today to schedule a consultation to learn how we can help.