Litigation is notoriously time-consuming, inefficient, costly and unpredictable.
—Charlie Munger

Litigation. There are five issues that need to be resolved before a divorce judgment may be signed - equitable distribution, spousal support, legal fees, child support and custody. Either you reach an agreement with your spouse or the court will do it for you after a long and expensive court process.

If you are litigating a divorce action in supreme court, here are few guideposts. Keep in mind that these are general guideposts for a simple divorce action. You could have a complex divorce action in which experts are appointed, forensic evaluations are required, motion practice is necessary or even hearings. 

Preliminary Conference

This is your first court appearance. You will need to have you statement of net worth completed. You or your spouse may have already filed a motion for legal fees, support or visitation at this time. You will complete a preliminary conference order which is the now the road map for your divorce action.

Compliance Conferences

After your preliminary conference, the court will periodically bring you back to check on the status of your case. Have the appraisals been completed? Have documents been exchanged? Can the case be settled?

Pretrial Conference

Before your case is schedule for a trial, the court will bring you back for a pre-trial conference. For this conference, you will need to have an updated statement of net worth and a statement of proposed disposition. Some courts will also want your witness list, exhibit list and a statement of agreed upon facts. Most judges will make a last effort to settle your case before you go to trial.

Trial

This is not a jury trial. This is a bench trial and the judge is the trier-of-fact. Your trial could take place in the courtroom. Your trial could also take place at a conference table. Regardless of where it takes place, take it seriously. At the conclusion of trial, the judge will make a decision and you will be bound by that decision. 

Very few cases go through trial. Most cases settle somewhere along the way. The courts strongly encourage settlement. After all, its your life and you are the best person to make those decisions. However, if you can't reach an agreement with your spouse - and sometimes your spouse is that unreasonable - you will need to litigate.