How To Keep Your Divorce Case Moving Forward

Most divorce cases take time to complete. The process can last anywhere from a few months, to years if the case is particularly contentious. In other words, it’s a marathon, not a sprint.

As a client, it’s important to know where your case is in the process, and how to ensure it continues to move forward towards a final resolution. Because the divorce process is similar in most states, these tips can be easily applied no matter where you live.
 

The Basic Phases Of A Divorce

While there may be some variation in the following steps depending on the state you live in, the basic phases of a divorce are:

1. Filing: One spouse files a petition for divorce
2. Response: There is a 30 day period for the other spouse to respond to the filing (AKA the “complaint”).
3. Discovery: Both spouses exchange information relating to their case. Typically lasts two months but may be extended by the court.
4. Settlement: The court will schedule a settlement conference within roughly a month after discovery ends.
5. Mediation: If a settlement is not reached, the court may order the couple to meet with a mediator to attempt a resolution. This can take another month or more.
6. Trial: If no settlement is reached and mediation is unsuccessful, the court will schedule a trial. A divorce trial can take several months, at least, before a verdict is reached.

The timelines mentioned above are a very rough estimate and depend largely on how quickly a couple can reach agreements on the key issues of the case. It is not uncommon for a very contentious divorce where complex child custody, property, and financial issues keep the process going for several years.
 

Keeping Your Case Moving Forward

Although it may not seem like it at times, keeping your case moving forward rests—to some degree—with you. Here are some tips to keep in mind during your divorce:

• Respond as quickly as possible to your lawyer’s requests for information. Information exchange is one of most time consuming elements in a divorce, so the faster you provide what your attorney needs, the better.
• Answer phone calls and emails promptly. Your lawyer won’t contact you unless it’s necessary, so try to reply as soon as you can.
• Be involved in your case. This means participating in settlement negotiations and mediation if required. You can only help your case by showing up and demonstrating your willingness to talk things through.
• Be open to compromise. While this may be the hardest tip to follow, a willingness to compromise is the difference between a long divorce process and a relatively short one.

Finally, keep in mind that even if everything is on track and proceeding as scheduled, there will likely still be significant downtime during the divorce process. If you haven’t heard anything from your divorce attorney in a while, reach out to them and make sure they have everything they need from you and request a status update.

If you’re unsure your lawyer is doing the right things, take a look at our post about how to tell if your divorce attorney is doing a good job.