Divorce Process

Are you and your spouse thinking about getting a divorce? If so, no doubt you have questions about the divorce process. While the process for obtaining a divorce varies from state to state, the steps below outline a typical divorce. Keep in mind that it may be in your best interest to hire an experienced divorce lawyer to learn more about the laws in your area.

The first step in the divorce process may be legal separation. Some states do not allow a couple to be legally separated; the couple is married until the otherwise stated by the court.  In these states, you must first file for divorce, then request a temporary separation agreement hearing.

If your state does allow legal separation, you and your spouse may file for separation once one of you leaves the household. In order to legally separate, you must have a separation agreement. This agreement protects you and your spouse’s interests as well as those of your children.

To initiate the divorce process, you or your spouse must file an “Original Petition for Divorce,” sometimes referred to as a “Letter of Complaint,” with your local court clerk. This petition identifies you and your spouse, as well as any children you may have. The person who files the petition must state a reason for the divorce request; often, this reason is listed as “irreconcilable differences.”

After you or your spouse files the petition, it is then served to the other party. Typically, this document is served by the sheriff’s office. Once that person has been served, he or she has 30 days to respond to the petition and hire a divorce lawyer.

While the divorce process is occurring, the court may issue temporary divorce orders. These orders become effective immediately and last until the divorce is finalized. Child support, child custody, and alimony may be covered by the temporary orders.

In order to prepare for the divorce case, there is a divorce discovery phase. During discovery, each side may ask for evidence or documents, such as bank statements or income statements. In the case of a deposition, your lawyer may take sworn testimony from your spouse or any witnesses in the case.

Before a divorce trial, you may go through divorce mediation. During mediation, you and your spouse work together to come up with an agreement that is satisfactory. You will meet with a mediator, who is an unbiased party, in order to work out the details.

If mediation does not work, you will have to go to court. During the trial, you and your spouse may argue your side before the judge. After examining the evidence, the judge will make a decision on your case. The judge will then sign the final decree of divorce. This decree lists the distribution of property, notate which parent receives custody of the children, and outline the terms of child and spousal support.

If you are considering divorce, it is important to speak with a qualified lawyer about the divorce process. Your lawyer will ensure all steps are taken in order to secure a fair divorce settlement.