By Selim Star
I am often asked to give a general outline of the chronology of what events to expect throughout the course of a divorce action. There is no way to predict every event, and nor can you predict the order of events, but the following is a general outline of normal events that can be expected.
Please note that a settlement can be arranged at any time during the divorce. A settlement can be done before either party even speaks to an attorney, or on the morning of trial and at any time in between. Judges differ greatly as well, for example some Judges will not allow you to file a motion for temporary orders before mediation has been attempted.
In addition, each district is different, as some still follow the Idaho Rules of Civil Procedure and others follow the Idaho Rules of Family Law Procedure.
Every Divorce is extremely different as everyone's situations are extremely different PLEASE CONSULT AN ATTORNEY IMMEDIATELY to have a better understanding of the important events in your divorce.
GENERAL CHRONOLOGICAL LIST OF IMPORTANT EVENTS IN THE COURSE OF A DIVORCE.
I am often asked to give a general outline of the chronology of what events to expect throughout the course of a divorce action. There is no way to predict every event, and nor can you predict the order of events, but the following is a general outline of normal events that can be expected.
Please note that a settlement can be arranged at any time during the divorce. A settlement can be done before either party even speaks to an attorney, or on the morning of trial and at any time in between. Judges differ greatly as well, for example some Judges will not allow you to file a motion for temporary orders before mediation has been attempted.
In addition, each district is different, as some still follow the Idaho Rules of Civil Procedure and others follow the Idaho Rules of Family Law Procedure.
Every Divorce is extremely different as everyone's situations are extremely different PLEASE CONSULT AN ATTORNEY IMMEDIATELY to have a better understanding of the important events in your divorce.
GENERAL CHRONOLOGICAL LIST OF IMPORTANT EVENTS IN THE COURSE OF A DIVORCE.
- Initial interview with your attorney.
- Review and Sign the Petition.
- File Petition with the Court with filing fee.
- Serve Filed Petition, Summons, Joint Preliminary Injunction and Order to Attend Parenting Classes (if children).
- Sign up for and attend parenting class.
- Wait 20 days. (if no answer file default)
- Prepare and file Answer to Counterclaim.
- Scheduling Conference. (generally set pretrial and trial date)
- Prepare response to Mandatory Disclosures (due in 35 days from responsive pleading) and Interrogatories and Request for Production of Documents (due 30 days from service).
- Attend Mediation.
- Hire experts if necessary. (custody, vocational, appraisers)
- Motion and Hearing for Temporary Orders (if need to address immediate custody and support concerns or other concern)
- Motions and Hearings regarding discovery (must be done 45 days before pretrial).
- Pre-trial.
- Trial.
- Motion for Reconsideration, or New Trial.
- Appeal.
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