This list is by no means dispositive of the potential issues that come through the family court system. Family courts often have the most crowded dockets. Litigants span all socio-economic classes. Because the family courts are notoriously underfunded and see a relatively large proportion of economically dependent litigants, a common criticism levied is that the system inherently prejudices the needs of these disadvantaged parties.
Divorce, custody, child support and alimony are handled in the state court. Divorce cases are decided by a judge who will preside over all issues including but not limited to: property division ,child support, child custody, and alimony. If the parties can come to an agreement these issues will be agreed upon between the parties, subject to approval from the presiding judge.
Divorce is typically granted on the grounds of irreconcilable differences, however divorce can also be granted in cases of: (1) Adultery; (2) Extreme Cruelty; (3) Wilful Desertion; (4) Wilful Neglect; (5) Habitual Intemperance; (6) Conviction of a Felony; or (7) Insanity.
The above grounds for divorce will not be granted until it is proved to the Court. At some point in the divorce process, a hearing or a deposition will take place during which at least one spouse and at least one witness must testify.
(1) A "Summons" and "Complaint" is filed by one spouse, who is called the "Plaintiff" and is served on the other spouse, the "Defendant". The Complaint must be within twenty days from the date of service.
(2) If there is any disagreement on matters of custody, support or property division, these matters must be heard by the judge, before the divorce decree may be entered. One of the spouses' lawyers drafts the divorce decree and any other court orders.
(3) When the final decree is signed by the judge, the spouses are divorced.
Generally, prior to extensive litigation in a divorce, the judge will require that the parties enter mediation. Mediation often times, expedites the divorce process as well as reduces the actual costs associated with a divorce. If settlement is reached through mediation, the agreement can be reduced to writing to be submitted to the judge for approval. It is not necessary that the parties agree on all issues; mediation can be utilized to limit or reduce the issues to be tried before a judge, thus limiting costs and avoiding confusion of multiple issues.