- 1). File the Answer to the Petition for Dissolution of Marriage and the Counter Petition for Dissolution of Marriage within the prescribed time (the time is prescribed by statute or the Rules of Civil Procedure, depending on the state). The petitioner should file his answer to the Counter Petition for Dissolution of Marriage within the prescribed time.
- 2). Begin discovery as soon as the Petition for Dissolution of Marriage is filed and served. You should have received a list of items required for the discovery process from your attorney. If you are handing your case pro se, the clerk will give you a list of discovery items. If you are handling your case pro se but your spouse has an attorney, your spouse's attorney will send you a request for discovery that outlines all of the discovery needed. Discovery is mandated by statute or the Rules of Civil Procedure.
- 3). Set mediation if your county requires it. Because of the number of divorces being filed, some courts require that the parties attempt to mediate the divorce and come to a settlement prior to attending any hearings, including the final hearing on the matter. This frees up the court's time to hear family law cases that absolutely cannot be settled out of court. You need not have attended mediation before the case management hearing, but you should have a mediation date set. This shows the court that the case is moving forward in a timely manner.
- 4). Attend any classes your state mandates. Some states require parties with minor children to attend a parenting class. If the state requires a parenting class, attend the class prior to the case management hearing. Make sure your Certificate of Completion is filed with the court prior to the case management hearing. If the court ordered you to attend anger management classes (usually in the event that a Domestic Violence Injunction has been filed against you), sign up for the anger management classes and bring your schedule to the case management hearing. This will show the court that you are making an attempt to move the case forward.
- 5). File all required pleadings. If you have an attorney, the attorney will make sure the required pleadings are filed. If you are pro se, check with the clerk of court for your county for a list of required pleadings. Most states will require a Notice of Social Security Number and a Military Affidavit.