Rule 9.Commencement of actions

Actions for divorce, annulment and separate maintenance are filed as family court cases — except that, at the discretion of the circuit court or the petitioner, an action filed under the statutory exception goes to a circuit judge instead. A proceeding is commenced by filing a verified petition with the circuit clerk, accompanied by three copies of a completed case information statement and a financial statement on the statewide form. Where spousal support, child support, allocation of custodial responsibility, visitation or paternity may be involved, a completed Bureau for Child Support Enforcement Application Income Withholding Form goes with it. The clerk sends the family court a copy of the case information statement within five days.

The clerk issues a summons forthwith, to be served within 20 days of filing, and the petitioner picks a method of service under the Rules of Civil Procedure. The respondent is served with the petition and the petitioner's financial statement along with the summons — and, where the respondent is the parent of minor children in the action, a parent education notice.

The respondent answers within the time the Rules of Civil Procedure allow, filing with the circuit clerk and serving the petitioner, and files the same package: three copies of a case information statement and a financial statement on the approved form, plus the child support enforcement form in the same categories of case. Everything is served on the petitioner at the time of filing, and the clerk again sends the family court the case information statement within five days.

Two administrative obligations close the rule. Parents of minor children pay the parent education fee to the circuit clerk unless they file a financial affidavit and receive a waiver. And within five days of filing, the clerk sends the child support enforcement form and the filing party's case information statement to the local child support enforcement office.