The Process of Divorce (provided by Gruber & Colabella, P.A.) LEGAL PROCEEDINGS. The process begins by an attorney for one party writing a letter of introduction to the other spouse advising them that they have been retained to commence divorce proceedings and suggesting and asking for the name of that spouse's counsel. Too many participants ignore that letter which then requires the plaintiff, the moving party, to serve a Summons and Complaint via the Sheriff's office upon the other spouse. If an attorney is retained, the attorney can acknowledge receiving the Summons and Complaint, thus eliminating the embarrassment and anxiety of having legal papers served by the child custody in canada child custody in canada Sheriff's officer. Once the Complaint has been filed and served upon the other spouse, the defendant, ordinarily has 35 days to answer the Complaint and file a Counterclaim for divorce if desired. It may take anywhere from six months to three years to have a Hearing, depending upon the backlog of cases in the county where filed. However, if a settlement on all issues is reached the case is then known as an "uncontested case" and can immediately be scheduled for disposition. At an uncontested hearing the Court requires the plaintiff, as many times both parties, to appear and briefly and informally establish through a minimum life after divorce child custody in canada of testimony the grounds for divorce as well as the parties understanding, willingness and acceptance of the terms of the settlement agreement. Thus, if the parties are able to reach a settlement on all the issues, they can be divorced in as short a time as it takes to file the Complaint and go to the Courthouse. There are some counties which will permit a "divorce by appointment" where the Family Court Judge will accept the initial pleadings, filing fees and hear the final uncontested case all at the same time. It is the contested case that drives people to their therapist and sometimes the laws of joint custody child custody in canada poor
