Divorce Process

The Divorce Process

When seeking a divorce there are several different phases or steps that you must go through in order to make the divorce legal. The actual divorce process varies by state but we'll discuss the general divorce process for you here.

General Divorce Process:

1. Petitioning the court for a divorce. The petition is referred to as a complaint or simply as 'divorce papers.' This is completed by one spouse and then the other spouse is served with this petition. The divorce petition is most often referred to as 'divorce papers' by the majority of the public. 

The petition must be filed with the court of the state where you both reside. The petition starts off the dissolution of marriage by naming what property belongs to each spouse (as claimed by the petitioner, or spouse filing for divorce) as well as other terms of the divorce. 

This is why if you receive divorce 'papers' from your spouse it's critical that you take those papers to your own divorce lawyer and have them professionally reviewed.

2. Service of the Divorce Papers. When 1 spouse petitions the court for a divorce they must file the petition as discussed above and then make arrangements for delivery of that petition or divorce papers to the other spouse. 

This is called service of process and is the 2nd step in the divorce process. This is where the divorce can be classified as 'contested,' or 'uncontested' depending on the reaction of the spouse who the divorce papers are served on. If the spouse served with the divorce papers agrees with the papers they can simply sign the papers and in effect agree to the terms of the divorce... YOU SHOULD NEVER DO THIS! 

Even if you agree with the divorce and the terms it still is NOT wise to sign a serious legal document like this without having it reviewed by a skilled divorce attorney. From the time you're served with the divorce papers you typically have 30 days (this depends on the state but should be specified on the divorce papers you were served) to file a written response. This is especially important if you do not agree with the terms of your divorce.

Be especially careful of 'temporary orders' of custody that are provided to merely state what will happen to the children (if any) until the permanent terms of the divorce can be finalized. Even though these temporary orders are not permanent, if they work out successfully with no problems, when the divorce is finalized the judge will most likely keep this arrangement since it seems to working and will cause less disruption to the child/children.

3. Answering of the Petition or Complaint. As stated above, once 1 spouse files the complaint or petition of divorce, and has the divorce papers served on the other spouse (either from themselves or through a court service or local sheriff) the spouse who receives the divorce papers can (and should) answer the petition, or complaint, by filing a written response to the divorce complaint with the court that issued the petition.

4. Exchange of Information and Discovery. After all previous steps in the divorce process have been completed the spouses' will enter what's referred to as the discovery phase. This is where all the information is examined by the couple (and their lawyers) so that the court can begin to make decisions as to how the final terms of the divorce should be handled... including child custody, alimony, property division, etc...

At the end of the discovery phase is where the courts will decide the specific terms of the divorce finalization. As you can see the divorce process is complicated and you should not go it alone. Contact one of our caring and compassionate divorce lawyers right away for a free no obligation discussion about your options.

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