A summary of the divorce process follows: Once again it is important to realize that every divorce is different and it is best to consult an experienced divorce attorney to determine to best way to proceed. In its simplest terms, a divorce is initiated with a divorce complaint or with a negotiated settlement between the parties (a 1A no-fault divorce).
The 1B is the most common of these two methods. In a 1B, a divorce complaint and summons is served on the defendant spouse. Generally, “motions for temporary orders” accompany the complaint. These are requests the "plaintiff" spouse is making to the Court. The Court realizes that a family in the process of splitting needs "order" to live on a temporary basis while the divorce is being settled. In most cases the Court will make orders on the following matters within three weeks of the filing of the divorce complaint: legal custody, physical custody, child support, parenting time, who is going to live where, and the continuation of health insurance.
Following temporary orders the attorneys will work together to hopefully negotiate a fair settlement to allow the family to resume their lives. If a settlement is reached, and it is in the vast majority of cases, the terms are documented in a separation agreement (contract between the parties), which is then approved by the Court. If the parties cannot reach an agreement, the Court will make the decisions for them after hearing all of the facts in a trial.
