1. Chapter 5:
The Divorce Process
12
Family Law for the Paralegal
2nd Edition
Wilson
Class Name
Instructor Name
Date, Semester

2. LEARNING OBJECTIVES
After this lecture, you should be able to:
5.1 Describe how the culture of divorce has evolved 12
over the past four decades.
List the four primary methods of altering the
5.2 marital status.
5.3 Identify the basic stages of the divorce process.
Class Name
Instructor Name
Date, Semester
Cont.

3. LEARNING OBJECTIVES
After this lecture, you should be able to:
5.4
Distinguish among the six major alternative
dispute resolution methods used in the family law
12
context.
Provide examples of jurisdictional issues that
5.5 may arise in divorce cases.
Identify the most common fault and no-fault
5.6 grounds for divorce.
Class Name
Instructor Name
Date, Semester
Cont.

4. LEARNING OBJECTIVES
After this lecture, you should be able to:
5.7
12
List defenses available to defendants in divorce
actions.
Describe the role of the paralegal at each major
5.8 stage of the divorce process.
Class Name
Instructor Name
Date, Semester

5. Learning Objective
After this lecture, you should be able to:
Describe how the culture of
5.1 divorce has evolved over the
past four decades.

6. How Has The Culture Of Divorce Evolved
5.1 Over The Past Four Decades?
Some of the major changes that have occurred include the
following:
• A decreased emphasis on fault
• An emphasis on divorce as an economic event and the
spouses as equal partners
• The institution of child support guidelines
• The codification of criteria to guide decisions about custody,
spousal support, and property division
• The introduction of parenting plans and programs
• The creation of support systems and user-friendly court
procedures for parties who want to proceed pro se
• A reduction in litigation due in part to an increased use of
alternative dispute resolution (ADR) methods
• A movement toward respect for autonomy and privacy in
family relationships

7. Learning Objective
After this lecture, you should be able to:
List the four primary methods of
5.2 altering the marital status.

8. How Has The Culture Of Divorce Evolved
5.2 Over The Past Four Decades?
Some of the major changes that have occurred include the
following:
• A decreased emphasis on fault
• An emphasis on divorce as an economic event and the
spouses as equal partners
• The institution of child support guidelines
• The codification of criteria to guide decisions about custody,
spousal support, and property division
• The introduction of parenting plans and programs
• The creation of support systems and user-friendly court
procedures for parties who want to proceed pro se
• A reduction in litigation due in part to an increased use of
alternative dispute resolution (ADR) methods
• A movement toward respect for autonomy and privacy in
family relationships

9. Learning Objective
After this lecture, you should be able to:
Identify the basic stages of the
5.3 divorce process.

10. What Are The Basic Steps In The
5.3 Divorce Process?
• Each state establishes its own procedural rules
for divorce/dissolution of marriage. In some
states they are the same as for civil actions in
general, in others there are specific rules
applicable to domestic relations practice and
procedure.
• The majority of divorce actions are settled and
only about 10% proceed all the way to trial.

11. What are the basic steps in the
5.3 divorce process? (cont.)
• Initial client interview is conducted
• Primary issues in the case are identified (custody, property
division, grounds, etc.)
• Potential for mediation is explored throughout the process
• Jurisdictional issues and choice of proper venue are identified
and resolved, if necessary
• Complaint is filed and plaintiff’s attorney files an appearance
• Summons and Complaint are served on the defendant
• Defendant files an Answer or a Motion to Dismiss and his or her
attorney files an Appearance/Limited Appearance
• Motions for temporary orders are filed and heard, if warranted
• Discovery is conducted, if warranted and feasible
• Separation/Marital Agreement is negotiated/ drafted/reviewed
• If all issues are settled, agreement is filed with the court and the
parties proceed to a final hearing

12. What are the basic steps in the
5.3 divorce process? (cont.)
• If not settled, prepare for and attend a Pretrial
Conference
• Prepare for Trial
• Trial on contested issues is held
• Judgment/Decree is issued by the court
• Follow-up matters completed such as preparation of
QDRO and transfer of assets
• Posttrial motions or Appeal filed, if warranted
• Enforcement of the Judgment is pursued (contempt
actions, if necessary)
• Modifications of Judgment are sought if necessary
based on substantial changes in circumstances

13. Learning Objective
After this lecture, you should be able to:
Distinguish among the six major
alternative dispute resolution
5.4 methods used in the family law
context.

14. What Are The 6 Major Methods Of Resolving Differences
5.4 And Reaching Agreements In The Family Law Context
Based On Court Order, Rule, Or Client Choice?
• Direct negotiation between the parties: initially
without the assistance of counsel
• Mediation: an approach to resolving differences
in which a neutral third person helps the parties
identify their differences, consider their options,
and structure a mutually acceptable
agreement, if possible
• Collaborative law: an approach to reaching
agreements that stresses cooperation, joint
problem solving and the avoidance of litigation

15. What are the 6 major methods of resolving differences and
5.4 reaching agreements in the family law context based on
court order, rule, or client choice? (cont.)
• Negotiation through counsel: the traditional and
most common method, this approach usually
involves considerable give-and-take and a series of
compromises
• Neutral case evaluation: a process in which a third
person, usually an experienced trial attorney or
judge, listens to the parties’ positions and offers an
opinion about settlement potential and the likely
outcome if the matter proceeds to trial
• Arbitration: a process in which one or more neutral
third persons who are trained arbitrators hear
arguments, review evidence, and render a decision
with respect to the issues selected for arbitration. The
parties may choose to have the decision be binding
or nonbinding.

16. Learning Objective
After this lecture, you should be able to:
Provide examples of
5.5 jurisdictional issues that may
arise in divorce cases.

17. What Kinds Of Jurisdiction Are Required In A Divorce
5.5 Action Involving Both Dissolution Of The Marriage And
Other Issues Such As Division Of Property?
• Subject matter jurisdiction: the authority of the court
to hear and decide the particular type of case
(divorce, custody, property division, etc.)
• Personal jurisdiction: the authority of the court to
issue and enforce orders binding a particular
individual or individuals
• In rem jurisdiction: the authority a court has over a
thing rather than over a person (the thing may be an
item, piece of property, or in some states, the marital
status)
• See Exhibit 5.3 Jurisdiction in Divorce Actions on
page 131 of the text.

18. What Kinds Of Jurisdictional
5.5 Issues Arise In Divorce Cases?
• Does the plaintiff satisfy the state’s residency
requirements so that he or she can file an action for
dissolution of marriage in the state? Is he or she
“domiciled” in the state? How is domicile established?
• Which court has subject matter jurisdiction over divorce
and related matters in the state? Subject matter
jurisdiction is established by statute.
• Are all related matters before the divorce court? For
example, if a custody order is in place based on an
abuse action heard in another court, it will need to be
consolidated with the family court action.
• In which specific court should the complaint for divorce
be filed i.e. in which geographical location is venue
proper (county, Parish, etc.)?

19. What kinds of jurisdictional issues arise
5.5 in divorce cases? (cont.)
• Does the court have personal jurisdiction over the
defendant? Are the defendant’ whereabouts known? Can
the defendant be located so that he can be properly
served? Is he a resident of another state and, if so, can
personal jurisdiction be obtained through the state’s long-
arm statute?
• If the court lacks personal jurisdiction over the defendant
but the plaintiff is domiciled in the state, can the court
bifurcate the divorce action = dissolve the marital status
and leave the other issues for a later action in the same or
a different state where the court has personal jurisdiction
over the defendant?
• Does the court have in rem jurisdiction over the property
involved in the divorce action? Are real estate or timber
rights etc. physically located in another state beyond the
court’s jurisdictional boundaries?

20. Learning Objective
After this lecture, you should be able to:
Identify the most common fault
5.6 and no-fault grounds for divorce.

21. What Are The Most Common
5.6 Grounds For Divorce?
• Each state establishes by statute its own grounds for
divorce, the reasons it considers sufficient to warrant
termination of a marriage.
• The grounds may be fault (a ground based on the
fault of one of the parties) or no-fault (based on the
breakdown of the marital relationship rather than on
the fault of one of the parties).
• Approximately 60% of the states identify both fault
and no-fault options and the remaining 40% have
eliminated fault grounds and have only a no-fault
option.
• In the limited number of states that have adopted
covenant marriage, divorce typically can only be
sought on fault grounds.

22. What Are The Most Common No-
5.6 fault Grounds For Divorce?
• Irreconcilable differences/ Irretrievable breakdown:
The essence of this ground is that the marriage has
irreparably broken down due to serious differences
between the parties (inability to communicate,
serious disagreements over finances, values,
divergent interests and incompatible lifestyles).
• Living separate and apart: This no-fault ground is
based on the fact that, due to a breakdown of the
marriage, the parties have lived apart from each
other for a requisite period of time (usually from 1-3
years).
• The precise requirements to satisfy each of these
grounds vary by state.

23. What Are The 5 Most Common
5.6 Fault Grounds For Divorce?
• Adultery: commonly defined as voluntary sexual
intercourse between a married person and a person
other than his or her spouse
• Desertion/abandonment: the plaintiff must show that
the defendant deliberately and without consent left
the marital relationship with no intention to return,
and that the absence has continued for a specified
continuous period of time (customarily a year or
more); the abandonment may be constructive (the
defendant’s conduct was so abusive or intolerable
that the plaintiff was forced to move out or into a
separate area of the marital home)

24. What Are The 5 Most Common Fault
5.6 Grounds For Divorce? (cont.)
• Cruelty/cruel and abusive treatment: conduct that is
so physically or mentally damaging that it
endangers the spouse’s health, safety, or reason
(usually involves a course of conduct rather than a
single incident)
• Habitual drunkenness or drug abuse (usually onset
must be post-marriage and the abuse must continue
for a requisite period of time)
• Criminal conviction and incarceration (may require
that the conviction be for a certain type of crime
and/or that the sentence be of at least a certain
length)
• The precise requirements to satisfy each of these
grounds vary by state.

25. Learning Objective
After this lecture, you should be able to:
List defenses available to
5.7 defendants in divorce actions.

26. What Are The Most Common
5.7 Defenses To A Divorce Action?
• Defenses tend to fall into two primary categories:
Technical/procedural defenses and traditional defenses (some of
which have been eliminated in several states)
• Examples of technical/procedural defenses include:
• Lack of subject matter jurisdiction
• Lack of personal jurisdiction
• Lack of proper venue
• Forum nonconveniens
• Lack of proper service
• Failure of the complaint to state a claim on which relief can be
based
• The matter is res judicata
• The marriage is invalid

27. What Are The Traditional
5.7 Defenses To A Divorce Action?
• Condonation: the matrimonial offense was forgiven by
the plaintiff
• Provocation: the plaintiff provoked the conduct alleged in
the complaint and therefore should be denied relief
• Recrimination: the defendant alleges that the plaintiff has
also committed a marital wrong and therefore should not
be granted a divorce
• Connivance: the plaintiff consented to or participated in
the act complained of in the complaint
• Collusion: less of a defense than a conclusion by the
court that the parties should not be granted a divorce
because they jointly deceived the court as to the true
nature and purpose of the action (such as when the
parties sought a divorce solely to obtain a public benefit
in support of a chronic illness)

28. Learning Objective
After this lecture, you should be able to:
Describe the role of the
5.8 paralegal at each major stage
of the divorce process.

29. What Role Does The Paralegal Play
5.8 During The Divorce Process?
• The role played by the paralegal depends on the paralegal’s
skill level, the policies and practices of the supervising
attorney, and whether the firm represents the plaintiff or the
defendant in the divorce. All tasks are performed under the
supervision of an attorney.
• Some of the most important tasks performed include:
• Participating in client interviews
• (See Paralegal Application 5.1 The Client’s Initial Interview
with the Family Law Team on pages 125 and 126 of the text.)
• Helping to gather necessary information and documents
such as copies of the marriage certificate
• Drafting the plaintiff’s complaint, the main pleading in the
divorce case that sets forth the nature of the action and the
request for relief, or the defendant’s response (answer or
motion to dismiss)

30. What Role Does The Paralegal Play During
5.8 The Divorce Process? (cont.)
• Help arrange for service when necessary
• Draft documents and pleadings in support of the
client’s case such as motions for temporary orders
and other matters (requests for fees, appointment of
appraisers and GALS etc.), affidavits, memoranda in
opposition to motions, required forms, etc
• Draft discovery requests and responses to discovery
requests as directed
• Draft separation agreements, review and comment
on proposed agreements
• Assist the client with completion of Financial
Affidavits and Child Support Guideline Worksheets as
needed

31. What Role Does The Paralegal Play During
5.8 The Divorce Process? (cont.)
• Conduct research as assigned on a variety of topics
including grounds for divorce, methods of service, and
statutes and case law governing custody, spousal
support, property division, etc.
• Maintain and monitor the case file being sure to include
proofs of service, certified copies of critical documents,
etc.
• Assist with preparation for trial: draft Pretrial Memoranda,
Memorandum of Law, Proposed Findings of Fact and
Conclusions of Law, Proposed Judgments; help compile
Trial and Exhibit Notebooks; prepare subpoenas and
arrange for service; create PowerPoint presentations and
other Exhibits
• Draft post-trial motions and appeal materials if warranted
and assist with other necessary post trial followup and
enforcement actions

32. Chapter Summary
5.1 Describe how the culture of divorce has evolved 12
over the past four decades.
List the four primary methods of altering the
5.2 marital status.
5.3 Identify the basic stages of the divorce process.
Class Name
Instructor Name
Date, Semester
Cont.

33. Chapter Summary
5.4
Distinguish among the six major alternative
dispute resolution methods used in the family law
12
context.
Provide examples of jurisdictional issues that
5.5 may arise in divorce cases.
Identify the most common fault and no-fault
5.6 grounds for divorce.
Class Name
Instructor Name
Date, Semester
Cont.

34. Chapter Summary
5.7
12
List defenses available to defendants in divorce
actions.
Describe the role of the paralegal at each major
5.8 stage of the divorce process.
Class Name
Instructor Name
Date, Semester