Many clients have questions about the family law process in Delaware and Pennsylvania and how long a Family Court case typically takes. Below is a quick explanation of the standard timeline for a non-emergency family law case.
A case begins with the filing of a Petition in Family Court, where the Petitioner formally requests legal relief—such as divorce, child custody, or child support. The Petition outlines the facts of the case, the legal grounds for relief, and the specific remedies sought. Whether you are working with a child custody attorney in Delaware or a divorce lawyer in Pennsylvania, the process begins here.
After the Petition is filed, the other party—commonly referred to as the Respondent—must be served with legal papers. This means the Respondent must receive official notice of the legal proceedings, usually through personal service. Once served, the Respondent has 20 days to file an Answer, where they either admit or deny the claims made in the Petition. In addition, the Respondent may file counterclaims, such as requesting spousal support (alimony) if it was not included in the original filing.
After this initial stage, the case may proceed to family court mediation or be scheduled before a Family Court Judge for a Case Management Conference. Key topics discussed in this conference include discovery needs, the expected number of witnesses, and the scheduling of a final hearing in Family Court. If discovery is required, each party may request access to financial records, text messages, emails, or other documentation, and may conduct depositions with sworn testimony.
At the final hearing, both parties can testify, present witnesses, and submit evidence (such as documents or digital records) for the Family Court Judge’s consideration. After evaluating all submitted materials, the Judge will issue a final ruling. If either party disagrees with the decision, they have the right to file an appeal in Family Court, requesting review by a higher court.
By understanding this step-by-step family law timeline, clients can better prepare for proceedings and work more effectively with their Delaware or Pennsylvania 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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