What to Expect during the Divorce Process — Part Two
You’ve filed your complaint, and prepared and submitted your CIS. Now what?
Step Three: Attend the Case Management Conference
Unless we need to file a motion or order to show cause on your behalf (or your spouse files one against you), the first time you go to court will be for a Case Management Conference (CMC). The judges in most counties require the parties appear along with their attorneys for the first CMC. At the CMC, the judge will get a feel for your case and will schedule dates for the exchange of Discovery and sometimes even schedule the Mandatory Early Settlement Panel (MESP). Depending on the county, if there are custody or parenting time (visitation) issues, the judge will send you out to free parenting time mediation.
Step Four: Complete the Discovery Process
In the American legal system, we have what is known as “open discovery.” That means that both parties are entitled to “discover” or learn, all relevant information before a case goes to trial. One party cannot conceal or fail to disclose relevant evidence, and then surprise the other party at trial.
The parties, through counsel, will send out and then respond to discovery requests. Discovery may include Interrogatories, Demands for Production of Documents, Depositions and Subpoenas. This exchange of information is important for settlement purposes as well as for trial preparation in the event there is a trial. It is vital that you cooperate with your attorney to provide the information timely and completely.
Contact the Law Offices of Kelly Berton Rocco
To schedule a free, 30 minute telephone consultation to discuss your concerns, send us an e-mail or call our office at 201-343-0078. E-mails are always returned within 24 hours and in most cases, within the hour. Phone calls will always be returned by the next business day – again, usually sooner. We’ll be at your side every step of the way.