Circuit Court Judges

Theodore R. Eschenburg - Administrative Judge
Thomas C. Groton, III - Associate Judge
Richard R. Bloxom - Associate Judge
Mary M. Kent - Master of Domestic Relations

 

Domestic Relations Masters

Domestic Relations Masters hear a variety of cases involving divorce and domestic issues. The following definitions may be of assistance to you.

Scheduling Conference: After all opposing parties have been properly served, the parties and attorney(s) of record will be sent a notice of scheduling conference. The scheduling conference date is set when the affidavit of service or answer is filed or the time to answer has expired. The purpose of this conference is to determine the contested issues and to designate the track for progress of the case through the Court system. At the conference, dates are also set for parenting seminars (information seminars for parents in cases of contested custody or visitation), mediation, witness identification deadlines, discovery completion dates, and alternative dispute resolution.

Pendente Lite: Pendente Lite hearings are brief hearings (one-half to no more than two hours, normally), limited to requests for temporary relief until a full trial can be held. Appropriate pendente lite issues include child support, alimony, access to (visitation with) children, contribution to household expenses/mortgage payments, and attorney's or expert's fees. Requests for such hearings are made at the scheduling conference. In a case where a pendente lite hearing is requested, the parties and attorneys will be sent to a settlement facilitator on the day of the scheduling conference to attempt to settle the matter that day.

Legal Custody: (Disputes relating to who has the decision-making authority for children.) Legal custody issues are heard before the Domestic Relations Master. In most cases, parenting seminars and mediation will be required before a legal custody issue is heard.

Physical Custody: (Disputes relating to where the children will live.) Physical custody on the merits is heard before either a Domestic Relations Master or a judge. Other issues that may be addressed as part of the physical custody trial (at the direction of the master conducting the scheduling conference and if not already established) include child support and use and possession.

Alternative Dispute Resolution(ADR): When the attorneys estimate that a trial involving property or financial issues will take one day or more, Alternative Dispute Resolution will be ordered at the scheduling conference. The parties and attorneys attend ADR with a court-appointed mediator. The ADR conference takes place after discovery is completed and before the settlement/pre-trial conference. Alternative Dispute Resolution (ADR) is not ordered if any party is representing themselves (Pro Se).

Merits: The final resolution of a case. This date may be set at a scheduling conference (if the case will take a half day or less), or after a settlement/pre-trial conference. If there are no contested issues, or if all issues have been resolved, a date for an uncontested divorce may be obtained by filing a Complaint, Answer and Joint Request to Schedule an Uncontested Divorce Hearing. A date may also be set if an Order of Default is obtained after the filing of the Complaint. Domestic Relations Masters hear uncontested divorces every day beginning at 8:30 and throughout the morning.

Modification: Domestic Relations Masters hear most requests for modification of support, visitation, legal custody, and alimony. Such hearings normally are set a scheduling conference. In the event substantial change occurs after entry of a pendente lite order, and the matter cannot wait until the final trial date, a hearing may be obtained if a Master approves a Show Cause Order for such a hearing. If there is a request for modification of physical custody filed prior to the final merits date. The Master may conduct a status conference and set a custody date before a Judge, without moving the merits date, or issue an amended scheduling order with new dates for all events.

Status Conference: A status conference is a telephone or in-person conference between the attorneys in the case, or pro se litigants (parties representing themselves), and a Master. Such conferences are set if a procedural question arises in a case, or some other issue comes up that does not require a hearing, but requires the parties or the Court to discuss the progress of the case, or its future course.