PATHWAY OF A DIVORCE
Petition for Dissolution of Marriage — This is a request that the court dissolve your marriage and it is the first document (a/k/a Pleading) that is filed in your divorce action. This document sets out facts that tell the court that it has the power to act (jurisdiction) and so it should set forth that the Petitioner (the party that files first) has been a resident of the State of Missouri for at least ninety days preceding the filing of the case, the date of your marriage, the date of your separation, whether wife is pregnant, the names and dates of birth of the children and whether either one of you are in the armed forces. The Petition also makes requests (a/k/a prayers) of the court in regard to child custody, child support, maintenance (a/k/a alimony), property division and attorney fees.
Statements of Property — This document is filed simultaneously to the Petition. It sets out all of your property, and its value, and whether you consider the property to be marital or separate. Further, the document sets out the value of the property. This is a very important document as it sets out the extent of your property and your opinion as to value as well as your position as to its characterization. This document must be prepared in consultation with your lawyer as it may be used against you at trial.
Statement of Income and Expense — This document is also filed simultaneously to the Petition. It sets out your income from all sources and all of your monthly expenditures. This is also a very important document as it will have an impact on the court’s analysis of child support, maintenance and attorney fees. Again, you will need to work very closely with your lawyer in preparing this document as you need to be sure to include all of your income and all of your expenses.
Service of Process — Once the Petition, together with the Statement of Property and the Income and Expense Statement are filed, all of these documents (Service Documents) must be served by the Sheriff or a Special Process Server on the Respondent (the non-filing party). This will happen by the Sheriff or the Process Server coming to Respondent’s residence, place of employment, or any other place they can be found, and handing that party a copy of the Service Documents
Answer to Petition for Dissolution of Marriage and Counter Petition for Dissolution of Marriage — As to each and every allegation set forth in the Petition, the Respondent (the party that is served with the summons) must either admit or deny. Usually, the Petition is set out in numbered paragraphs and the responding party will admit or deny the allegations as to the corresponding numbered paragraph. Once all allegations are either admitted or denied, it may be prudent to file a Counter Petition of Dissolution setting forth all requirements of the Petition. This is prudent so that if the Petitioner dismisses the action, the divorce may still proceed on the Counter Petition.
Discovery — Discovery allows each party to take steps to find out information and obtain documentation as to issues that are involved in the divorce action. Discovery takes many forms, but the primary sources are interrogatories, request for production, depositions and subpoenas. Interrogatories are written questions prepared by your lawyer directed to your spouse. The answers must be given under oath. Request for Production is a demand made by your lawyer to the other side to produce documents that are relevant to your divorce action such as tax returns, pay stubs, and retirement plan statements. Depositions allow each party to sit down with the other party and have their respective lawyer ask questions of the other side under oath. Subpoenas allow your lawyer to request the testimony and documentation from third parties as to issues relevant in your divorce.
Pre-Trial Conference (a/k/a Settlement Conference) — The parties and lawyers will meet with the judge in an effort to settle the case or narrow the issues for trial. Although each judge treats a pre-trial conference differently, this stage should allow each party to argue why the case is not moving forward to settlement. The Judge should take this opportunity to give the parties an idea of his/her interpretation of the law so that everyone comes away with an idea as to how the court may rule should a trial take place. If the case shall be proceeding to trial, the judge will likely set a trial date and mandate compliance with discovery.
Trial — The case will be heard by a judge, not a jury. Each party is usually given equal time to present witnesses and evidence that support their respective position. The trial is conducted by calling witnesses and having each lawyer ask questions to the witness so long as the questions are proper and seek relevant evidence. Trial may be of any duration, but typically, they are conducted in one (1) day.
