How to Navigate Time Frames and Trial Dates

Frequently the question arises: ” How long will this take?” There is no flat answer, but below are listed some time frames to give you an idea.

Waiting period to get divorce granted: Six (6) months and one (1) day from the date of serving the opposing party with petition and summons.

Waiting period for legal separation: None

Waiting period for annulment: None

Hearing on Request for Order (RFO): Hearing dates are typically set 1 – 2 months from that date they are filed, but if there are court backlogs it could be 2 – 4 months.

If your time estimate for outing on evidence at your RFO is more than 2 hours some courts require hearing briefs and additional preliminary hearings prior to adjudicating the matter.

The RFO must be served on the opposing party no later than 16 court days prior to the hearing and the responding party must file a response no later than 9 court days prior to the hearing.

Trial Dates:

An At – Issue should not be filed until discovery is complete, but that is not always the case, as new issues may arise. Once discovery is complete it wil take at least one month, usually more, in between each of the dates from filing the AT -ISSUE, TSC, MSC and trial date listed below:

  1. File an “AT ISSUE:” You will receive a Trial Setting Conference (TSC) date.
  2. TSC: Purpose if for court to confirm that Preliminary Declaration of Disclosure have been filed and the case is ready to move onto an Mandatory Settlement Conference (MSC).
  3. MSC: Parties meet and confer in an attempt to settle. Any issues not resolved proceed to trial.
  4. TRIAL DATE(S): Are set at the MSC ot TSC. If matter is not completed at first day of trial it will be trailed to another date.

Note:

Continuances in trial and hearing dates are common. However, once a matter is set for trial, judges do not favor granting continuances.

By | 2017-11-13T21:59:55+00:00 November 3rd, 2016|General|0 Comments

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