Domestic and Family Law Case Process

8/9/2019 Domestic and Family Law Case Process

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Davis Upton

A. CLIENT INTAKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1. Initial Consultation2. Attorney is Retained

B. INFORMATION GATHERING . . . . . . . . . . . . . . . . . . . . . . . . 2

1. Client Information Worksheet

C. LITIGATION PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . 21. Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22. Complaint and Information Sheet are Filed with the Court . . . . . . 33. Summons is Issued by the Clerk . . . . . . . . . . . . . . . . . . . 34. Summons, Complaint and Information Report are Served on

Opposing Party. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

5. Answer to be Filed by Defendant . . . . . . . . . . . . . . . . . . . 46. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47. Counter Complaint may be filed with the Court . . . . . . . . . . . . 58. Scheduling Conference . . . . . . . . . . . . . . . . . . . . . . . . . 59. Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510. Pendente Lite Relief . . . . . . . . . . . . . . . . . . . . . . . . . . 711. Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712. Settlement Conference . . . . . . . . . . . . . . . . . . . . . . . . . 713. Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814. Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

D. THE BASIC LAW1. Grounds for Divorce . . . . . . . . . . . . . . . . . . . . . . . . . 92. Marital Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103. Alimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104. Custody and Visitation/Access . . . . . . . . . . . . . . . . . . . . 115. Child Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

DOMESTIC CASE PROCESS

TABLE OF CONTENTS

Exclusively for Clients of:DAVIS, UPTON, PALUMBO & KEFFLER, LLC

Exceeding Expectations

132MainStreet PrinceFrederick,MD20678 4105351780 Fax:4105353403

www.DavisUpton.com [email protected]

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DOMESTIC CASE PROCESS

A. CLIENT INTAKE

1. Initial Consultation During the Initial Consultation, we will listen as you discuss yourcurrent domestic situation and describe to us what you hope to achieve through ourrepresentation. We may discuss with you, in general, such things as grounds for divorce inMaryland, determination and division of marital and non-marital property, alimony, childcustody and visitation, and child support. During these general discussions, we may inquirefurther as to certain aspects of your situation in order to help us identify potential issues thatmay arise during the course of our representation. We will also explain the firms billingpolicies and the attorneys billing rate.

2. Attorney is Retained If, after or during the Initial Consultation, you elect to retain ourfirm, we will execute a Retainer Agreement. The terms of the Retainer Agreement will setforth the terms under which Davis, Upton, Palumbo & Keffler, LLC, agree to represent you.The Retainer Agreement will set forth such things as the amount of the initial retainer, hourlyrates to be charged, etc. Typically, these issues are explained to you by the billing managerand any questions regarding billing practices should be addressed to the billing manager.

B. INFORMATION GATHERING

1. Client Information WorksheetOnce we have been retained, the next step in the process isfor you to provide to your attorney information that he/she believes may be needed to prepareyour domestic case.a. To assist you in this process, we have developed a Client Information Worksheet, a

copy of which is attached to this document.b. The worksheet is intended to gather comprehensive data about you and your family,

including names, dates of birth of children, date and place of marriage, income, assetsand debts.

c. Your attorney will review this worksheet with you and assist you in providing theinformation requested. As part of this process, you may be asked to gather and bring incertain documentary evidence such as tax returns and pay stubs.

C. LITIGATION PROCESS1. Complaint After you and your attorney have gathered the necessary preliminary

information and have identified your potential claims, your attorney will draft the Complaint.

a. Grounds - The Complaint could contain one or more counts or grounds forDivorce, Limited Divorce (i.e. a legal separation), Child Custody, Child Support,Modification of Custody, Support (family maintenance or alimony), orVisitation (access), etc.

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b. Facts - The Complaint does not need to contain all the facts that may be at issue in thecase. Rather, it just needs to plead the minimum facts necessary to show that thePlaintiff has sufficient grounds to support the claim.

c. Review - Once the Complaint is drafted, a copy of the Complaint will be sent toyou for review and signature.

d. Signed by Client - All Complaints for Divorce, Custody and Support must besigned by the client under oath, certifying to the Court under the penalties ofperjury that the facts set forth in the Complaint are true and correct.

2. Complaint and Information Sheet are Filed with the Court After the client hasexecuted the Complaint, the attorney will complete a Case Tracking Information Form andwill then file two copies of the Complaint and the Information Form with the appropriateCircuit Court.a. Filing Fee - The Court charges a $115.00 filing fee when the Complaint is filed.b. Payment of Fee - The filing fee will typically be advanced by your attorney and

billed to you. This fee will be shown as Filing Fee on your monthly billingstatement.

3. Summons is Issued by the Clerk Upon the filing of the Complaint, the Clerk of theCircuit Court will issue a Summons.a. Summons - A Summons is a legal document requiring the person to whom it is

directed (the Defendant or opposing party) to file an Answer or Response to theComplaint within a certain period of time after it is served upon them.

b. Timing - The issuance of the Summons by the Clerk typically takes 7 10 days.

4. Summons, Complaint and Information Report are Served on Opposing Party Whenthe attorney receives the Summons and Complaint back from the Clerk, the attorney mustthen arrange to have the opposing party personally served within 60 days of the date thatthe Summons was issued by the Clerk. There are several ways that personal service maybe accomplished:a. Private Process Server A private process server can be hired and charged with

the task of personally delivering the Summons and Complaint to the opposing

party. This typically is the best way to ensure prompt service of process upon theDefendant. However, it is also the most expensive with typical minimal charges inthe range of $40.00 -$65.00. This cost may increase if the Defendant is difficultto locate or attempts to avoid service. In most cases the cost of private processservice is justified due to the promptness and certainty of service.




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b. Certified Mail - In those cases where the client does not wish to incur the cost of aprivate process server, it is possible to serve the Defendant by certified mail, with areturn receipt requested. This typically costs about $10.00. Again, this is the leastexpensive method of service; but, the opposing party can easily avoid service byrefusing to pick up and sign for the certified mail at the post office. Should this occur,it typically takes the Post Office 30 45 days to notify the attorney that service wasnot accomplished. In those situations, a private process server is usually necessary.

c. Service on Opposing Counsel -If there is an attorney representing the opposing party,that attorney may have permission to accept service on behalf of their client. This canbe accomplished at no additional cost.

5. Answer to be Filed by Defendant Once an Opposing Party is served with the Summonsand Complaint, he or she must file an Answer to that Complaint.a. Contents -The Answer must either admit or deny each allegation of fact set forth in

the Complaint, or allege that the person filing the Answer does not have sufficientinformation to either admit or deny the particular factual allegation.

b. Signed by Defendant -The Answer must also be signed by the Defendant under thepenalties of perjury.

c. Time for Filing by In-State Defendants - In-State Defendants must file their Answerwith the Clerk of the Circuit Court within 30 days from the date they were served withthe Complaint.

d. Time for Filing by Out-of-State Defendants - Out of State Defendants have 60 days

to file their Answer. Out of Country Defendants have 90 days to file their Answer.

e. Service on Plaintiff- In all cases, the Defendant must also serve a copy of the Answerto the attorney for the Plaintiff when it is filed with the Court.

f. Filing Fee - There is no filing fee for filing an Answer to a Complaint. However, ifthe Defendant is represented by an attorney, the attorney must pay an Appearance Feeof $10.00, which again is charged to the client.

6. Default If the opposing party fails to file an Answer within 30 days of service, the attorneymay file a Motion for Default. The opposing party then has 30 days to Answer why theyshould not be held in default. During this time the Court will schedule a default hearing. All

parties and attorneys attend this hearing where the opposing party has to explain to the Courtwhy he or she failed to file an Answer. It is very common for the Judge or Master to accept theexplanation and allow the opposing party to file an Answer. Occasionally, the Court does notaccept their explanation; in this case the Judge or Master may grant the relief requested byPlaintiff.

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7. Counter Complaint may be filed with the Court The opposing party has 30 days after the

time for filing an Answer to file a Counter Complaint. This gives the party the opportunity toplead their case and request relief specific to their needs. The process and timing is the same asfor the initial Complaint.

8. Scheduling Conference Once an Answer to the initial Complaint has been filed, the Courtclerk will set the case in for a Scheduling Conference.a. Attendance and Location - In most cases, only the attorneys will attend this

conference which typically is held in the Judges or Masters Chambers.

b. Purpose -The purpose of the Scheduling Conference is to give the Judge or Masterthe opportunity to find out what the issues are and what needs to be done by theattorneys, parties, and the Court. Following the conference, the Judge or Master

usually orders the parties to attend mediation, and may also order psychologicalevaluations, substance abuse evaluations and drug testing if the case warrants any ofthese.

c. Cases Involving Children -In cases where there are children involved, the Court willorder the parties to attend Families in Transition Training (FIT) to help the parentscommunicate with respect to their children, and to learn how to keep the children outof the middle of their domestic case. The Court may also require parents to enrollchildren in Children of Separation and Divorce (COSD) or Kids Connects classesthrough Family Services. The Court may also set a date for a Settlement Conference, aPendente Lite Hearing (to decide custody/visitation, child support, and alimony for theshort term) and/or a trial date.

9. Discovery Discovery is the formal process of gathering information about the case inpreparation for trial. Maryland Rules allow for liberal discovery of information so that thereshould be no surprises at trial. The Courts philosophy is that there should be no trial byambush. Typically, anything is discoverable if it could reasonably lead to evidence thatwould be admissible at trial. It is not necessary that the material requested is itself admissibleat trial as long as it could lead to admissible information. The Discovery process is timeconsuming but extremely important. It can be very useful in trying to settle a case and fordetermining the strengths and weaknesses of a particular case.

a. Timing - The Discovery process can begin with the filing of the Complaint and cancontinue right up through the final hearing. There is a continuing duty for each partyto update discovery if new facts are learned or circumstances change.

b. Types of Discovery -Several methods of discovery are typically used by attorneys indomestic cases.

1) Interrogatories - Interrogatories are written questions that must be answered,in writing and under oath, by the client, within 30 days after receipt. Eachparty is limited to 30 Interrogatories directed to the other party. The clientwill be required to sign the final Answers to Interrogatories under oath.




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2) Requests for Production of Documents -Requests for Production of Documentsconsist of one or more written requests to produce, or permit the requesting party toaccess documents or property. The party receiving the request has 30 days to respondby providing the documents or property, providing the requesting party with anopportunity to view the documents or property, or a refusal to provide access to thedocuments or property along with the grounds for refusal.

3) Depositions -A deposition is best described as a process whereby the opposingpartys attorney has the opportunity to ask you questions about your case and you arerequired to answer the questions under oath. Depositions are typically held at one ofthe attorneys offices. Everything that is said in a deposition is transcribed by a CourtReporter. The answers that you give at a Deposition may be used against you at trialif your answer at trial is different than your answer in the Deposition. In certaincircumstances, a Deposition may also be videotaped. Usually, if depositions are to beheld, they are conducted after Answers to Interrogatories and Requests for Productionof Documents are served on the opposing party. This way, the attorney can delvemore deeply into the answers that are given in response to the Interrogatories and mayask questions about the documents which have been produced.

4) Records Depositions -A Records Deposition is typically used when a non-party to acase has possession of records which contain discoverable information. A Notice ofRecords Deposition and a Subpoena is served on the person from whom records aresought. The person to whom the Notice of Records Deposition is directed will have30 days to either provide copies of the documents requested, or allow the requestingparty to inspect and copy the documents requested.

5) Admissions -Admissions are written statements of asserted facts which the opposingparty must either admit or deny. If the fact(s) are admitted by the opposing party,then the fact is deemed admitted for the purpose of trial. If the opposing party deniesthe truth of any asserted fact, and the party requesting the admission later proves thefact to be true, the party who denied the admission may be required to pay any costincurred by the party who had to prove the fact at trial. Importantly, a party has 30days to respond, either admitting or denying each request. An explanation must begiven for each denial. Any requests that the party does not respond to within 30 daysto are deemed to be admitted.

c. Responding to Interrogatories and Requests for Production of Documents -Usually,Interrogatories and Requests for Production of Documents are served together. WhenInterrogatories and Requests for Production of Documents are received from the opposingparty, we will provide you a copy and request that you provide us with all information and alldocuments that could be responsive to the questions asked and requests submitted. We mayeven ask that you provide draft answers to Interrogatories that we will edit to arrive at the

final Answers to Interrogatories. It is also very helpful if the client organizes and classifiesall documents provided in response to the Request for Production of Documents consistentlywith the numbered request. This could save us time (and save you money!) in preparing thefinal Responses to Requests for Production of Documents. Typically, we will meet to reviewand finalize responses before they are submitted to the opposing party.




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d. Sanctions For Failing to Comply with Discovery Requests -If requests for

Discovery are not responded to promptly and/or if documents are not provided inresponse to Discovery, the Court could order that a party should not be allowed tointroduce certain evidence during a hearing or trial. A party has 30 days to fileresponses to Discovery requests.

10. Pendente Lite ReliefIf the trial date will be several months away, or there are immediateissues that need to be dealt with, the Court may schedule a mini-hearing on specific issues.This hearing is called a Pendente Lite Hearing (PL Hearing). Pendente Lite is Latin forpending litigation. At this hearing, important issues such as child support, child custody andtemporary alimony will be settled for the interim between the PL Hearing date and the trialdate. Generally both parties and a few witnesses will testify at a Pendente Lite hearing.Although the determinations made by the Court during a PL Hearing are not final, the court

will not set aside the decisions made during a PL Hearing unless the parties show why the PLdecision was not correct or the opposing party can introduce new evidence that tends tocontradict any determination made during the PL Hearing. Therefore, although the PL Hearingdetermination is not a final determination, it is very important to put forth all of the evidenceavailable to support a parties particular position because it is hard to reverse a Judges orMasters decision once it is made.

11. Mediation Mediation is an alternative to hearings and trials. A neutral third party mediator,who may be agreed upon by the parties or appointed by the Court, will meet with the partiestogether to attempt to reach a mutually beneficial agreement.a. Attendees -Generally attorneys are not present for mediation, but they may be ordered to

attend.

b. Number of Sessions -The Court usually orders a minimum of two sessions (unless anagreement is reached sooner or the mediator informs the Court that the case is notappropriate for continued mediation).

c. Agreement -If the parties reach a proposed agreement, the Mediator will draft it andprovide it to the attorneys for review. This may settle the case. The agreement reached atmediation functions as a contract, which may be included in a Court Order at a later date.

12. Settlement Conference The Settlement Conference is scheduled by the Court and usuallytakes place anywhere from 45 to 60 days (in some cases longer) after the SchedulingConference.

a. Attendees -All parties and their attorneys attend the Settlement Conference.

b. Purpose -At the Settlement Conference, the attorneys only will meet with the Judgeor Master and tell him or her the status of the case including whether any issues havebeen resolved, if Discovery has been completed and what has been done to try andsettle the case (.e.g. mediation). If nothing has been settled, the Judge/Master mayadvise the attorneys on how he or she would likely rule if the case went to trial andmight suggest a course of action for the attorneys/clients to pursue to settle the case orcertain aspects of it. The Judge or Master may also refer the parties to mediation witha retired Judge, even if they have already tried mediation earlier in the process.




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c. Trial Scheduled - A trial date will be set, if not already scheduled. If the parties areunable to reach a settlement agreement, then they will proceed to trial. Depending onhow many issues there are to litigate and how long the attorneys think they will needbefore the Court, it may take anywhere from 2 months to 12 months to get a trial date.

13. Trial If the parties are unable to reach an agreement regarding the terms of their separation anddivorce, the issues will be determined at trial. A domestic trial may be held either before aMaster for Domestic Relations or before a Judge.a. Before the Master -Many family law cases take place before the Master for Domestic

Relations. The Master is sort of a mini-judge. Cases tried before the Master follow thesame procedure as cases tried before a Judge. In such cases, each party will have theopportunity to make opening and closing statements, present evidence through their ownwitnesses, and cross-examine witnesses of the opposing party. At the end of the hearing,

the Master will make findings of fact and give recommendations to the Court. Oncethe Master makes a recommendation, the attorneys and parties will have 10 days toreview the recommendation, and file an Exception if they disagree with all or any part ofthe recommendation. If the matter is uncontested, or if the parties agree on therecommendation, they may agree to waive this 10-day period. If no Exceptions are filed,or the exceptions period is waived, the Judge will sign the recommendations into a CourtOrder. If Exceptions are filed, the Court will schedule a hearing at which each party canargue why the recommendations should or should not be followed. In most cases, theCourt will rule on the Exceptions, although the Court always has the option to reopen thecase and take additional testimony.

b. Before the Court -A hearing before the Court will be heard by a Judge. Each partywill have the opportunity to make opening and closing statements, present evidencethrough their own witnesses, and cross-examine witnesses of the opposing party. At theconclusion of the case, the Court will make a ruling which determines the outstandingissues in the case. In certain cases, the Court may take the case under advisement,allowing the Court time to review the evidence, research uncertain areas of law, and issuea written formal opinion.

c. Pre-Trial Conference When a case is set for a trial date it will most likely be set in fora Pre-Trial Conference 30-60 days prior to the trial date. All parties and their attorneysmust attend the Pre-Trial Conference. The Pre-Trial Conference is an opportunity forthe actual Judge who is going to hear the case to meet with the attorneys and discuss the

issues that will be litigated before the Judge and to make sure that all of the appropriatepleadings, any amendments, documents, studies, etc. that may be necessary have beencompleted and filed with the Court. The Judge may also suggest settlement options tothe attorneys to discuss with their clients.




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14. Judgment Once the Judge has entered the final Judgment (Order), the attorney will go overthe details with the client. It may be necessary for the client to take specific steps to complywith the Order, and the attorney will discuss these steps with the client. If there is a reason toappeal the Order, the attorney will discuss these reasons with the client, and file an Appealwithin 30 days of the Order.

D. THE BASIC LAW1. Grounds for Divorce In Maryland, there are specific grounds that must be met in order to be

granted either a Limited or Absolute Divorce. In fact, a party may not file for Divorce inMaryland unless he or she has met the grounds for divorce at the time of filing.a. Limited Divorce -A Limited Divorce in Maryland is nothing more than a legal

separation. It allows a party to bring a case to Court in the situation where PendenteLite relief is required, but there are no grounds that would otherwise entitle the partiesto a final or Absolute Divorce. At a hearing for a Limited Divorce, the only issues thatthe Court may address are: pendent lite child custody, child support, use andpossession of the family home, and temporary alimony. In order to obtain a LimitedDivorce in Maryland, the complaining party must meet one of the following groundsfor Limited Divorce.

1) Voluntary Separation - Parties must be living separate and apart, voluntary,with the intent of ending their marriage.

2) Desertion -The statutory term Desertion means a cessation of the maritalrelations with the intent of ending the marriage.

3) Cruelty of Treatment -This means a course of conduct that is calculated toseriously impair the health and/or happiness of the other party or a child of theparty.

4) Excessively Vicious Conduct - The complaining party must be able to provethat the opposing party acted in a cruel and excessively viscous manner towardthe party or a minor child of the party. This may be a one time occurrence asopposed to a course of conduct.

b. Absolute Divorce -An Absolute Divorce in Maryland is a Final Divorce. At a hearingfor an Absolute Divorce, the Court will determine all issues related to the marriage of

the parties, including child support, child custody and parental access, alimony, useand possession of the family home, and division of marital property. In order to obtainan Absolute Divorce in Maryland, the complaining party must meet one of thefollowing grounds for Absolute Divorce.




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2. Marital Property Marital property includes all property, regardless of how it is titled, that is acquiredby one or both parties during the marriage. Marital property does not include:

a. property acquired prior to the marriage,b. inheritances from a 3rd party,c. gifts from a 3rd party specifically given to husband or wife, ord. property that is excluded by valid agreement.

The Court does not get involved with issues involving marital property until the hearing on the Absolute

Divorce.

3. Alimony There are three different types of Alimony in the State of Maryland.a. Pendente Lite Alimony - This is also commonly referred to as Temporary Alimony and may

be awarded at a Pendente Lite Hearing or at a hearing for a Limited Divorce. The only factorsthat matter in a Pendente Lite Alimony case are one partys need and the other partys ability topay. Temporary alimony may be back-dated to the date the request for alimony was filed with thCourt. The amount awarded as temporary alimony may become the final award for alimony aswell.

1) Adultery -Adultery is the act of a married individual having sexual intercourse witha person other than that individuals spouse. A Complaint for Divorce may be filedon adultery grounds as soon as the party discovers the adultery. To obtain a divorce

on the grounds of adultery, the complaining party must prove a) a public show ofaffection and b) the opportunity to commit the act.

2) Voluntary Separation - The parties must be living separate and apart withoutcohabitation for one (1) year before filing for Absolute Divorce. The intent to dissolvethe marriage must be mutual and there must be no hope of reconciliation.

3) Two Year Separation -The parties must be living separate and apart for two (2)years before filing for Absolute Divorce. There is no need for mutual intent todissolve the marriage, but there must be no hope of reconciliation.

4) Cruelty of Treatment -A course of conduct that is calculated to seriously impair thehealth and/or happiness of the other party or a child of the party with no hope ofreconciliation.

5) Excessively Vicious Conduct - Cruel and excessively viscous action toward the partyor a minor child of the party with no hope of reconciliation.

6) Insanity - One party must be confined to a mental institution for at least 3 yearsbefore a Complaint may be filed. Two physicians must testify that the insanity isincurable.

7) Conviction of a Crime - One party must be convicted of a felony or misdemeanor,sentenced to serve at least 3 years in prison, and have already served at least 12months of the sentence.




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b. Statutory Alimony - The goal of statutory alimony is to make the recipient spouseself-supporting. It may be backdated to the date of filing with the Court and will last as

long as it will take for the recipient party to become self-supporting. There are 12factors that a Court must consider in making an award of Statutory Alimony:1) The ability of the party seeking alimony to become self-supporting,

2) The time necessary for the party seeking alimony to gain sufficienteducation/skill to become self-supporting,

3) The standard of living established by the parties during their marriage,

4) The duration of the marriage,

5) The contributions each party has made to the well-being of the family,

6) The circumstances leading to divorce,

7) The age of the parties,

8) The health of the parties,

9) The ability of the party from whom alimony is sought to pay,

10) Any agreements between the spouses,

11) The needs and resources of each party, and

12) The effect any award of alimony would have on the eligibility of either partyto be eligible for medical assistance.

c. Indefinite Alimony - Indefinite alimony is only awarded in rare circumstances wherethe recipient party, due to age, illness, infirmity or disability cannot become selfsupporting, or even after becoming self supporting, there will be an unconscionabledisparity in the partys standard of living.

4. Custody and Visitation/Access Maryland Courts have jurisdiction to make decisions onchild custody, visitation/access, and child support.a. Types of Custody - The Court has jurisdiction to decide two types of custody.

1) Legal Custody - the right to make long range decisions regarding education,religion, and medical care. The Court may award legal custody to one (sole) or both(joint) parents. If the parents are awarded joint legal custody, neither parent maymake a long range decision without the input of the other parent.

2) Physical Custody - the right to have the child primarily in your residence.The Court may award physical custody to one (sole) or both (joint) parents. Anaward of joint custody is based on the number of overnights not days that a childspends with each parent. For joint physical custody, the minimum number ofovernights per year, per parent, is 128.




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b. Custody Determ - Custody is determined either by agreement, or in court based on

the Best Interest standard. In making a decision on child custody and visitation/access, theCourt will take the following factors into consideration:

11) Whether either parent abandoned the child at any time.

inations

1) The fitness of the parents,

2) The character and reputation of the parties,

3) The parents desires,

4) Any agreements between the parties,

5) The childs preference,

6) Opportunities each parent can give the child,

7) Age, health, and sex of the child,

8) Residences of the parents,

9) Opportunities for visitation,

10) The length of separation of the parents, and

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5. Child Support In Maryland, child support is determined using a formula, TheMaryland Child SupportGuidelines. The Guidelines take into account each parents income, any alimony and child support paid or

received, any payments for child care, health insurance, extraordinary medical expenses and school expensesas well as the custody arrangement. There is a presumption that the amount determined by the Guidelines iscorrect, but it may be increased or decreased if another amount would be in the best interest of the child.

This is a very brief description of how many domestic cases proceed. There are many exceptions that could changeany of the steps above. There are many additional steps and procedures that must be completed by the attorneys thatare not included here.

THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED AS LEGAL ADVICE O

TO BE USED FOR ANY LEGAL PURPOSE.

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Domestic and Family Law Case Process

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Transcript of Domestic and Family Law Case Process