 PART
7. DOMESTIC RELATIONS |
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7.1
SPECIAL RULES PERTAINING TO MATRIMONIAL CASES
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(a)
Matrimonial cases defined. For purposes
of this rule, matrimonial cases are defined
as any proceeding for an order or judgment
relating to dissolution, legal separation
or invalidation of marriage including all
ancillary proceedings.
(b)
Notice of dispute as to child custody. If
the custody of the children of the parties
is in dispute, the plaintiff will so inform
the court upon filing of the petition for
dissolution, or as soon thereafter that a
dispute is known to exist. In such a case,
the court may order mediation, a background
investigation, appoint a court consultant
and/or Guardian ad Litem, or a combination
thereof, and may order that one or both parties
deposit with the Clerk of the Court all or
a reasonable portion of the costs thereof.
(c)
Financial Affidavit. In all proceedings
in which there is a dispute involving property,
temporary or permanent maintenance, or temporary
or permanent child support, the moving party
shall file a financial affidavit, similar
to that found in Appendix A of these rules,
contemporaneously with the request for setting
for hearing, or when otherwise ordered by
the court. Proof of service pursuant to Supreme
Court Rule 11 shall be filed not less than
seven (7) days prior to the hearing. The
party responding to the petition shall file
a financial affidavit with the court not
less than seven (7) days prior to the hearing
date and a copy shall be provided to opposing
counsel. Submission of a pre-judgment pre-trial
memorandum shall be in lieu of the financial
affidavit and shall be in a form as prescribed
by the court. If such affidavit or pre-judgment
pre-trial memorandum has been filed for purposes
of a hearing on temporary relief, an additional
affidavit or pre-judgment pre-trial memorandum
need not be filed prior to hearing for permanent
relief unless there has been a substantial
change.
(d)
Statement of Proposed Property Apportionment. If
the issue of property apportionment is in
dispute, in addition to the financial affidavit
or pre-judgment pre-trial memorandum, as
the case may be, the court may require the
parties to submit a statement of proposed
property apportionment which shall include
an itemization of all property which is claimed
as marital and non-marital, together with
a proposed fair cash market value of each
item, at least seven (7) days prior to the
hearing. If the issue of apportionment of
marital indebtedness is in dispute, the statement
shall also include a proposed apportionment
of marital indebtedness and shall include
a listing of any non-marital indebtedness
for which either party is currently liable.
Submission of a pre-judgment pre-trial memorandum
shall be deemed to be in compliance with
local court rules.
(e)
Waiver of child support prohibited. The
court shall not waive child support. The
court shall enter a finding on the record
in each case involving minor children that
the children are, or are not, receiving public
assistance.
(f)
Written judgment order. If the court
requires a written judgment order, the prevailing
party shall prepare and submit a written
judgment order to the court pursuant to Rule
5.1 of these rules within thirty (30) days
of the final hearing.
(g)
Post-trial affidavit. In all post-judgment
petitions involving financial matters, other
than petitions for enforcement of a judgment
order, the moving party shall prepare a financial
affidavit similar to that found in Appendix
A of these rules which shall include facts
about the party's present financial circumstances.
The affidavit shall be filed prior to, or
contemporaneously with, the request for setting.
Notice shall be served pursuant to Supreme
Court Rule 11 not less than seven (7) days
prior to the hearing. In the event the moving
party does not have an affidavit on file
which represents his or her financial condition
at the time of the dissolution, such party
shall file such an affidavit at the time
of filing their post-trial affidavit. The
responding party shall file a post-trial
affidavit setting forth their present financial
circumstances at least seven (7) days prior
to the scheduled hearing and at the same
time shall file an additional affidavit setting
forth his or her financial circumstances
at the time of the dissolution, unless such
an affidavit has been previously filed.
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