Many clients have questions about the legal process and how long a Family Court case takes. Here is a quick explanation of the typical timeline for a non-emergency Family Court case.
A case begins with a Petition for Family Court, where a Petitioner files a legal request for a certain type of relief, such as divorce, child custody, or child support. The Petition states the facts of the case, why the Petitioner is entitled to relief, and what specific legal remedies they seek.
After the Petition is filed, the other party, typically called the Respondent, must be served with legal papers. This means they must receive official notice of the legal proceedings, usually by having the documents personally delivered. Once served, the Respondent has 20 days to file an Answer, in which they admit or deny allegations in the Petition. Additionally, the Respondent can file counterclaims, or their own legal requests, such as requesting spousal support (alimony) in a divorce case when the original Petitioner did not request it.
From there, the case typically proceeds to family law mediation or to a Judge for a Case Management Conference. Common issues discussed at a Case Management Conference include the need for legal discovery, the number of anticipated witnesses, and the scheduling of a final hearing. If discovery is necessary, parties may request the production of financial records, text messages, emails, or other evidence and may conduct depositions where individuals provide sworn testimony.
At the final hearing in Family Court, both parties have the opportunity to testify on their own behalf, present witness testimony, and submit evidence such as documents, text messages, or recordings for the Judge to consider. After reviewing all the evidence, the Family Court Judge issues a ruling. If either party is dissatisfied with the decision, they may file an appeal in Family Court to seek a review by a higher court.
By understanding the step-by-step process of a Family Court case, clients can better prepare for their legal proceedings and work effectively with their family law attorney to achieve the best possible outcome.
If you have questions about Family Court, please contact MacElree Harvey’s Centreville Delaware office at 302-654-4454. Visit macelree.com to learn more.
Author Patrick J. Boyer concentrates his practice on Family Law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.
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