While every case is different, and not all cases require each of the steps outlined below, this is a list of the normal steps you and your attorney will take when preparing your divorce case, and, if necessary, trying the case.
Initial client interview: evaluate the client's claim, educate client regarding the legal process for divorce cases, determine any deadlines that apply.
Contact the opposing party or their attorney, giving them notice of our representation.
File the divorce petition and serve the opposing party, or answer the divorce petition filed by the opposing party.
Serve discovery requests (formal requests for documents and other information regarding assets, debts, child custody issues, history of the opposing party, etc.) on the opposing party or their attorney.
Answer any discovery requests served on client by the opposing party.
Gather all evidence related to the case, including assets, debts, marital history and child custody issues.
Interview witnesses, if appropriate.
Obtain testimony from the opposing party and any other witnesses as necessary via deposition.
Analyze the legal issues related to the case, including finances and custody.
Prepare for any temporary orders needed to govern the conduct of the parties while the case is pending and conduct a hearing regarding such orders if necessary.
Prepare for and participate in mediation to try and settle the case.
If mediation is unsuccessful, set the case for trial.
Prepare exhibits to be used at trial.
Prepare and file any necessary briefs and motions with the court.
Prepare the client and any witnesses for trial.
Try the case before a judge or jury
Review the judgment or verdict to see if either party has grounds for appeal.
Advise the client as to whether or not they should appeal the case.