Whatever the circumstances, divorce can be a challenging and emotionally charged process for couples. While every divorce is unique, there are standard steps that most couples go through.
This article aims to help you understand the typical steps of a contested divorce as a Marble client, so you can better navigate this life-changing event, and understand how Marble can support you at each stage.
It’s important to keep in mind that because Marble works on a limited scope basis, your services may differ slightly (and timelines may vary state-by-state). Your attorney will walk you through each step your case requires, and you’ll pay a clear, fixed price for every service.
Step 1: Filing for divorce
Summary:
This step is about reviewing your information, drafting and filing legal documents, and then waiting for the court to process that paperwork.
What we’ll do:
- Review your documents carefully, ensuring they’re accurate and contain all of the necessary information to be filed successfully
- Call you to discuss your circumstances and review your documentation
- Draft the legal paperwork and submit it to the court
What you should do:
- Be available for the call with your attorney
- Complete the intake form we send you
- Upload the requested documents in the “Documents” section of your Marble Home
- Review and sign the court documents your lawyer sends you
Important to know
It helps to speed things up if you provide your team with accurate information in a timely manner. This step can be influenced by several factors, like court processing time (which is outside of Marble’s control), so we recommend being patient as your case starts up.
How long this step takes:
This process can take from approximately three weeks to two months. As with every service we discuss in this article, timelines may vary state-by-state.
Step 2: Serving your spouse
Summary:
We get to work on serving your spouse with official paperwork if they reside in the US and we know where to find them.
What we’ll do:
- Manage the entire service process
- Update you when (and if) papers are served successfully
- If we can’t serve your spouse after several attempts, we’ll contact you to discuss other options like skip trace, publication, etc. Note that these are additional services
What you should do:
- Provide us with your spouse’s address and/or specific details about how we can find them
- Be patient as we attempt to serve your spouse
Important to know
We generally attempt to serve your spouse at a single address only (usually the address you provide us with). Should you have new information, we may need to start fresh. This is an additional service.
How long this step takes:
This can typically take from three days to three months end-to-end.
Step 3: Waiting for the opposing party’s response
Summary:
We’ll know the next steps based on how the opposing party responds (or doesn’t). Patience is key at this stage.
What we’ll do:
- Let you know the opposing party’s deadline for a response
- Keep an eye out for any filings related to your case
- Let you know if the response will arrive via postal mail or email
- Help you decide how to deal with any response and discuss your case strategy
What you should do:
- Keep an eye out for the response, as you’ll sometimes be the first to receive it. The response can come by mail or by email if you’ve registered for your state’s eFile portal
- Inform us when you’ve been served or haven’t received a response by the deadline
Important to know
Patience is very important at this stage. Remember that you’ll be first to know when there’s a response, so we won’t have updates until the court contacts YOU. Based on how the opposing party responds, your attorney will contact you to recommend which additional services are needed to keep your case moving forward.
How long this step takes:
This can take approximately three to four weeks.
Step 4: Providing the required financial documents
Summary:
This is when you’ll provide us with your financial documents within a set deadline based on a list we give you.
What we’ll do:
- Explain what you need to prepare and send links to helpful articles on getting those documents
- Carefully inspect and review each financial document you provide to ensure it will meet the strict requirements of the court
What you should do:
- Provide your attorney with the required documents (it’s best to do so well before the deadline!)
- Be accurate and transparent on all of your documents
Important to know
The judge requires these documents to move your case forward. Before securely uploading them to your Marble home, ensure nothing is left out.
Always upload before the deadline. If you miss your deadline, the judge may dismiss your case (we’ll remind you of your upcoming deadlines and try to help you as much as possible).
How long this step takes:
This can take from approximately two weeks to two months.
Step 5: Issuing temporary orders
Summary:
Temporary orders are designed to address immediate concerns while you wait for a final court order. They can address anything from spousal support to property division to child custody and beyond.
What we’ll do:
- Attend a hearing with you – or on your behalf – where the judge will enter a temporary order
What you should do:
- Make a list of your expenses, custody needs or items you want to own (it’s a good idea to be reasonable here and not demand anything extravagant)
Important to know
This is usually an additional service and is only added if you need it. The outcome decided on by the judge is final, until your case is done and there’s a final judgment. We’ll do our best to advocate for you, but we advise you to keep your expectations reasonable. You may not get everything you feel you’re entitled to.
How long this step takes:
This step may take approximately two to four months.
Step 6: Mediation and settlement
Summary:
Mediation is a process during which you and your spouse try to settle issues out of court with the help of a mediator. The mediator will prepare a settlement agreement after the session based on what you both agree to.
Note: Some states require a couple to go through mediation even if they plan to go to trial.
What we’ll do:
- Represent your interests during negotiations to reach an agreement
What you should do:
- Consider what you reasonably need to reach an agreement
- Be willing to negotiate, even if you don’t get everything you want
- Focus on the end goal – let go of any issues that are unimportant to you
Important to know
Mediation and settlement are usually faster, less expensive, and less stressful than going to trial. However, if you and your spouse can’t agree, you must go to trial. One of the downsides of going to trial is that the judge decides what you and your spouse take from the divorce – you won’t be able to negotiate afterward.
How long this step takes:
This step can take approximately two to six months.
Step 7: Discovery
Summary:
Discovery or “information gathering” is when you and the opposing party request and share information, including about your finances. This helps both of you see the full financial picture to reach a fair resolution. Discovery is usually required for cases that go to trial but can be beneficial even if you decide to settle out of court.
What we’ll do:
- Facilitate requesting information from your spouse
- Review the information you provide for accuracy
- Answer any questions you may have
What you should do:
- Provide any of the requested information before the deadline
Important to know
It’s important that you’re honest and forthcoming with the information you provide. If the court discovers any hidden information, this could impact the timeline of your case significantly.
How long this step takes:
The timeline for discovery varies significantly based on your court.
Step 8: Trial
Summary:
A trial is a formal process in which a judge examines the evidence in a case, may talk to witnesses, and then makes a judgment.
What we’ll do:
- Try to convey to the court why you should get what you’re asking for
- Call you to prepare you for trial
- Guide you through the trial
What you should do:
- Provide evidence, names of witnesses and written statements needed at trial
- Be prepared to present your case to the judge, which may be in person or through online video services like Zoom
Important to know
A judge decides on the outcome of a trial, and their decision is final. We’ll try to help you get everything you want, but we cannot guarantee your case outcome. If your hearing is longer than one day, this may be an additional service and could affect how long it takes to close your case.
How long this step takes:
A trial may take from approximately six to eight months, but it varies depending on the court.
