Filing by one party (‘petitioner”) of a Petition for Dissolution of Marriage, Legal Separation or Nullity, with Summons to be issued. The court then has jurisdiction over the petitioner. The moving papers, and appropriate blank responsive documents then are served on the other party (“respondent”) who has thirty (30) days to file a Response, absent agreement to extend. Upon service on respondent, the court has jurisdiction over said party.
Throughout the course of litigation, from time-to-time, a party may seek by Request for Order and supporting declaration, certain temporary orders, i.e. custody, visitation, child support, spousal support, need based attorney fees and costs, exclusive use of property, management and control of certain property, property protection, appointment of experts, or other. Any agreement ordinarily is reduced to written Stipulation And Order, executed by each party and their respective counsel, and submitted to the Court to become an order thereof. To the extent the requested relief is contested by the other party, a hearing will be necessary for the court to address the issue(s) presented.
Proceeding under the provisions of this Act is done under circumstances where, for example, emergency and/or permanent restraining orders are sought which may involve, without limitation: custody, visitation, stay-way, non-contact, exclusion from dwelling. As may be necessary, ex parte relief may be sought under emergency circumstances and under a shortened time frame for the court's involvement. Proceeding under this Act is not intended to be a substitute for involvement of appropriate law enforcement authorities.
A Final Declaration of Disclosure (“FDD”) also is required to be exchanged by each party, for example, prior to trial. However, unlike the PDD, the FDD can be waived.
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