Q: I filed for divorce; will the court handle all proceedings automatically?
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for child custody and support?
(2) Is it necessary for me to file an RFO (Request for Order) for these hearings?
(3) Can my wife, the respondent, file an RFO for support if I don't?
(4) What happens if neither of us files an RFO for support?
A: The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with paperwork and advise you on what you need to do next.
A: Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18 months. It sounds to me like you really need to retain an attorney to assist you with your dissolution case.
A: In a divorce case, the court may not automatically schedule hearings for child custody and support. It's typically the responsibility of the parties involved to request specific hearings by filing an RFO (Request for Order) if they want to address issues like child custody and support. Either party, including the respondent, can file an RFO for support, and if neither party files, the court may not address the issue, potentially leaving existing support arrangements unchanged. It's advisable to consult with an attorney to navigate the divorce process effectively.
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