How long after filing divorce can I get a court date? 33 Answers as of July 03, 2013

How long after filing divorce can I get a court date?

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Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
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.
Answer Applies to: Wisconsin
Replied: 12/15/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
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.
Answer Applies to: Illinois
Replied: 12/12/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
You file for a divorce and then you file for a hearing. What do you want a court date for? Do you have children?
Answer Applies to: California
Replied: 7/3/2013
Shamberg Wolf Mc Dermott Depue | Alfred Corey
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.
Answer Applies to: Nebraska
Replied: 12/9/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
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.
Answer Applies to: California
Replied: 12/9/2011
    Mevora Law Offices | Bradley C. Giglio
    Once a divorce is filed, it is important to obtain service of the divorce papers on the other party. After service is obtained, the party served often has 30 days to then respond to the summons. Depending upon the circumstances, you may be able to get into court sooner, such as in emergency situation or if it is by agreement of the parties. In those circumstances, a court date can often be obtained immediately (within days). In short, it depends and is best to obtain the advice of an attorney who can examine the specific facts in your case.
    Answer Applies to: Illinois
    Replied: 12/9/2011
    Peyton and Associates | Barbara Peyton
    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.
    Answer Applies to: California
    Replied: 12/9/2011
    Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
    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.
    Answer Applies to: California
    Replied: 12/9/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    60 days from the date the Defendant either is served or file a voluntary appearance.
    Answer Applies to: Nebraska
    Replied: 12/8/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, it can take approximately one to one and a half months to get to a temporary hearing, unless there are emergence issues. We recommend you hire a lawyer ASAP.
    Answer Applies to: Georgia
    Replied: 12/8/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    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.
    Answer Applies to: California
    Replied: 12/8/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That depends on which court and what the "court date" is for.
    Answer Applies to: Colorado
    Replied: 7/2/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Once the other party is served, they have 20 days to file an Answer. Unless there is a full settlement agreement in place, most courts are going to require the parties to attend mediation prior to setting a date for a final hearing.
    Answer Applies to: Florida
    Replied: 12/8/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    A party has 30 days after service of the papers to file an answer. Online after that period of time has passed can a judgment be rendered. If the divorce is uncontested, the following rule applies: Uniform Superior Court Rule 24.6 Uncontested divorce actions may be heard at times agreeable to counsel and the court, subject to the following rules: (A) By written consent of both parties to a hearing a divorce may be granted any time 31 days after service or filing acknowledgment of service. (B) In an unanswered action, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order. (C) A divorce action served by publication may be granted any time suitable to the judge and attorneys 61 days or more after date of the first publication. (D) All divorce actions with orders for publication or acknowledgments of service should be filed prior to or contemporaneously with the signing of the order or acknowledgment.
    Answer Applies to: Georgia
    Replied: 12/8/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    I am not sure what court date you are referencing. If you mean a hearing date on interim issues, you need to file and serve a motion. The court sets hearings for these matters a minimum of a few weeks out to give you time to serve those papers.
    Answer Applies to: California
    Replied: 12/8/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven 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.
    Answer Applies to: Michigan
    Replied: 12/8/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    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.
    Answer Applies to: Florida
    Replied: 12/8/2011
    The Law Office of Jill Rose Quinn | Jill Rose Quinn
    Pretty quickly if there's an agreement and both parties have submitted to the jurisdiction of the court. If not, at least 30 days.
    Answer Applies to: Illinois
    Replied: 12/8/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    I am assuming based on your question you filed for divorce. You cannot get a final hearing (the hearing at which the Judge grants the divorce) until at least 60 days have passed. The 60 days starts when the petition is filed. The more important date is when is the other side served (unless he/she signed a waiver) because if they did not sign a waiver and did not otherwise enter an appearance, you cannot get a final ruling until their time to respond has passed (20 days from service plus Monday). If you need temporary orders, or another motion hearing (other than a final) you can get it as soon as the court has an open time slot.
    Answer Applies to: Texas
    Replied: 12/8/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    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.
    Answer Applies to: Arkansas
    Replied: 12/8/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    There are at least two important "court dates" which you should be concerned with. The first is a hearing on an Order to Show Cause for temporary relief, which could be for temporary child custody or visitation or support orders, temporary spousal support orders, and/or for temporary attorney's fee orders. The second is a trial of the case for permanent orders. A hearing on an Order to Show Cause is usually heard approximtely 1-2 months after the Order to Show Cause is filed. A trial is set to occur after the parties have exchanged their Final Declarations of Disclosure and their discovery. Typically, trials are set approximately 1-2 years after the divorce case is filed, but it really depends upon the timing and complexity of the disclosure and discovery done.
    Answer Applies to: California
    Replied: 12/8/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 12/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 12/8/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    Depends on your courts docket congestion, calendering procedures, local practices and whether you have met statutory requirements as to length of separation, among other factors.
    Answer Applies to: Virginia
    Replied: 12/8/2011
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    There is a minimum sixty day waiting period for a divorce in Texas. But you need to make sure that you either have proper service or a valid waiver of citation, which must be filed after the filing of the divorce petition.
    Answer Applies to: Texas
    Replied: 12/8/2011
    Law Office of Joan M. Canavan | Joan Canavan
    If you file a Joint Petition for an uncontested divorce, you should be able to get a Court date within a month of the day of filing. Once you get the docket number and hearing date, some counties will allow you to contact the Court directly to reschedule youre hearing for an earlier date. If you file a contested divorce, the rules only allow the parties can only go into Court for a Pre-Trial Conference 6 months from the date of filing for the divorce. You can however, go into Court sooner than the date of the Pre-Trial Conference on certain motions concening issues such as child support, custody, and visitation, etc. by calling the trial department of the Court and requesting a hearing date. If you have any questions concerning the timing of motions, hearings, Pre-Trial Conferences and divorce hearing, it is always best to either speak with an attorney or contact the probate court of the county in which you reside for accurate information.
    Answer Applies to: Massachusetts
    Replied: 12/8/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    That depends on how backlogged the court calendar is.
    Answer Applies to: New York
    Replied: 12/8/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Most likely depends upon the court, size of its family dockets, etc.
    Answer Applies to: Virginia
    Replied: 12/8/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    120 after service is the quickest.
    Answer Applies to: Wisconsin
    Replied: 12/8/2011
    Law Office of William C. Wood, LLC | William C. Wood
    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.
    Answer Applies to: Maryland
    Replied: 12/8/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That depends on the purpose of the date. A preliminary conference? A motion?
    Answer Applies to: New York
    Replied: 7/2/2013
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