QUESTION
How long after filing divorce can I get a court date?
Asked on Dec 07th, 2011 on Child Custody - Maryland
15 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends on which court and what the "court date" is for.
Answered on Jul 02nd, 2013 at 11:59 PM
If you are requesting a temporary hearing date (for support or other orders) you file a document called Order to Show Cause and Affidavit and you will be given a date. Otherwise, the case will be set for pretrial around three to four months after filing generally.
Answered on Dec 15th, 2011 at 9:40 AM
It depends on what you are needing a court date for..the court automatically gives you a court date upon filing, however, you may need to get into court sooner, depending on your circumstances. I encourage you to contact and retain an attorney to represent you. An attorney knows the laws, the timeframes, deadlines, and paperwork that are required in order to get you divorced in a timely fashion.
Answered on Dec 12th, 2011 at 8:21 AM
You could get a court date 60 days after the opposing party is served. However, a number of a factors need to be considered such as if children are involved, a parenting plan must be prepared and the parents must attend a parenting class which could extend the time before a hearing date is held.
Answered on Dec 09th, 2011 at 11:26 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Filing the petition will only give you a court date for a case management and/or status hearing; these are basically administrative in nature. If you need orders for other issues, such as Custody or Support, you have to file an order to show cause to get the particular issue heard.
Answered on Dec 09th, 2011 at 9:34 AM
It depends on what the court date is for. You can file a motion right away for support, custody, attorney fees and certain other matters. There are disclosures that must be made before the case can be set for a settlement conference or a trial. Once those are completed, then the case can be set to get a judgment.
Answered on Dec 09th, 2011 at 8:41 AM
Alimony Attorney serving Walnut Creek, CA
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Walnut Creek Family Law Center, Inc.
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A date for what? Temporary orders? A long cause hearing? A trial? If it is for temporary orders, ie. a motion or an Order to Show Cause, probably 6-8 weeks after filing. However if it involves custody or kids, you will probably wind up having the matter actually heard later because of mandatory Family Court Services mediation. This depends on the county. If you are looking for a trial date, have p-a-t-i-e-n-c-e assuming it is a contested case. You file your action. The other side has 30 days to respond. Then each side needs to prepare and serve the four forms constituting the Declaration of Disclosure process. You then file an At Issue Memorandum, aka a Memorandum to Set, which results in a Case Management Conference two months or so down the road. At that time the Court will either continue the CMC to a later date if more time is needed, or will set it out about 3 months for a Mandatory Settlement Conference. It may also set a trial date although most courts don't do that until the Mandatory Settlement Conference assuming it has not settled at or by that date. Trial, again depending on the county, is usually 90-120 days after the Mandatory Settlement Conference. Rural counties set things faster than urban counties.
Answered on Dec 09th, 2011 at 8:21 AM
1 Award
You have to ask for one by filing an Order to Show Cause or some other motion. It usually takes about 3-4 months in San Diego County.
Answered on Dec 08th, 2011 at 12:49 PM
Steven D. Dunnings
There is a mandatory waiting period of 60 days for a divorce without children and 180 for a divorce with children. If you think you can get it over quickly, then I am assuming you expect your spouse will not put up a fight.
Answered on Dec 08th, 2011 at 10:42 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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It depends on whether or not your case is ready to go to court. If there are no disputed issues, then you should have filed a full marital settlement agreement. If not, you probably need to go to mediation first.
Answered on Dec 08th, 2011 at 10:41 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Getting a court dater after filing for divorce depends on several factors. If there are no children or property issues to be decided the quickest one can obtain a divorce is 30 days from filing. If the other party retains an attorney the court date will have to be coordinated between you and your counsel your that of your spouse. If there are children involved the parties will need to complete a Transparenting Seminar prior to scheduling a court date.
Answered on Dec 08th, 2011 at 10:30 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Court date for what. It depends. You can go to ex parte for an ex parte hearing 10 seconds after filing. Depends on the county if you want a date for a temporary hearing. If you want a trial date it depends on the county. No judge can sign final documents until 90 days after service and filing.
Answered on Dec 08th, 2011 at 8:41 AM
Glen Edward Ashman
There is no way to answer you. The answer is different in each court and for each judge and also depends on what is at issue in the case. As a general rule, the case will happen faster with a lawyer than without one.
Answered on Dec 08th, 2011 at 8:40 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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120 after service is the quickest.
Answered on Dec 08th, 2011 at 8:20 AM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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It depends on the county in which you filed, as well as whether the opposing party files a timely answer. Each county has its own procedures regarding how cases are scheduled. In general, if the opposing party is in state and has been served, they have 30 days to file a written response. Most counties wait for the answer to be filed before scheduling the first court date. If the opposing party does not file a timely answer, then, in order to get the case scheduled, you would have to file for default.
Answered on Dec 08th, 2011 at 8:12 AM