1. 120 days must have passed from the date of service of Summons and
Petition on Respondent, or from date of filing a Joint Petition.
2. Proof of service of Summons and Petition on Respondent and Family Court
Commissioner must be filed with the Court. If the Family Court Commissioner
was not served (given copies of) the Summons and Petition for Divorce within
20 days after the Respondent was served, prepare a Petition and Order for
Extension of Time to Serve Family Court Commissioner. The order must be
signed by the Judge assigned to the case. Bring a copy of the signed Order
and the Summons and Petition for Divorce to the Family Court Commissioner.
3. A signed Marital Settlement Agreement (original plus one copy) must be
submitted to the Family Court Commissioner's office.
4. If both parties are appearing pro se, one party must submit the following to the Family Court Commissioner's office:
a. Findings of Fact, Conclusions of Law and Judgment of Divorce (original and three copies, with Marital Settlement Agreement attached)
b. Financial statements of each party (signed and notarized)
c. Vital Statistics form (see #10 below for instructions)
5. Obtain a hearing date from the Family Court Commissioner's secretary.
Hearings are scheduled on Tuesday afternoons in Room 224.
6. If Order for Appearance is desired, request secretary to obtain
signature of the Family Court Commissioner. NOTE that both parties must
appear on the final hearing date, unless there is proof that the non-appearing party either: resides out of state; has been served with an Order
for Appearance, with proof of service filed with the Court; or unless there
was a Joint Petition for Divorce.
7. Both parties shall submit a copy of their proposed final financial
statements to the Family Court Commissioner 24 hours prior to hearing.
8. If any party is receiving or has received public assistance, or the
Child Support Office has been involved in any way in the case, the Child
Support Office must be served with notice of the final hearing. If a
Guardian ad Litem has been appointed, he or she must also be served.
BRING THE FOLLOWING TO THE FINAL HEARING:
9. Vital Statistics form (Original Certificate of Divorce or Annulment)
completed in black ink or typewritten on original (bond) form. The State
does not accept copies, white-outs or cross-outs.
10. Originals of Financial Statements of both parties.