Phases of Divorce

I've been referring to the various Phases of Divorce. I thought I'd clearly define them here so you understand them better. This will be a readers digest version, a fuller version will be posted later.

Settlement Issues

• Parenting Plan
• Property Division
• Child Support
• Spousal Support
  

Phase I - Pre-trial

After the divorce is filed, lawyers will make various motions, the court will require various forms. The goal of the pre-trial is to settle or narrow down as many issues as possible. Lawyers go into judges chambers, spouses wait in the hall in case some question arises. Discovery of facts is done in this phase. Pre-trial hearings last about an hour although you may be waiting around because the judge is busy.

TROs - Temporary Restraining Orders (freezing assets, use of marital home or property) issued after filing or during Phase I.

Pendente Lite - Temporary child and spousal support ordered during Phase I.

Phase II - Forced Settlement Negotiation - Shadow Trial

This is something I've never read about and it could be an issue of local court discretion, but I think one of my regular readers in another state is in this phase also. My lawyer calls it a shadow trial, it is listed on the docket as a Trial Date and it is scheduled for at least 6 hours per date. All lawyers are in the court room bickering over the settlement issues. The judge drops in occasionally to ask if things are moving forward. The lawyers will say yes so as not to appear poorly to the judge. If he's in a good mood he'll accept their BS.

Phase III - Trial

About 2% of the divorces go all the way to trial. The judge dons his rob, court reporters record all the testimony, whether its true or not. Parties and Witnesses are put on the stand and questioned by both lawyers. Simple trials may last several Trial Dates, not necessarily on contiguous days.

Currently we only have a signed Parenting Plan. There is a temporary order for child/spousal support (equal to my monthly mortgage). There is no agreement on Property Division. As far as I know Personal Property division is OK, it's the house and other financial issues that are unresolved (although she has not spelled out her demands).

So in two weeks, I'll have my 5th and last Phase II Trial Date. My lawyer is certain it will end in failure because of the stubbornness of opposing counsel. The other party isn't likely to change.

But there is one possibility, this particular judge has quite a reputation for forcing settlement talks late into the evening. Several lawyers have independently told me stories of how this judge has kept all parties in court as late as 2am. One lawyer complained that he was at health risk because of diabetes that the judge would not make allowances for (no meal breaks).

If this is unsuccessful then a Phase III Trial date will be scheduled. A witness list will be presented. The judge will make the decisions and issue orders at the completion of all witness' testimony. This is what my lawyer expects to occur. We'll see.