The divorce process is not complete until the judge signs off on a divorce decree. This marks the end of your marriage. Divorce proceedings address many other important issues, including the division of property, child custody, and spousal maintenance.
Many people are unaware that 40-50% divorces end in marriages in America. It is important to be familiar with the divorce process as it can be complex and lengthy.
This comprehensive divorce guide will walk you through each step of the process, helping you prepare for the end of your marriage.
Separation
Separation is the first step in divorce. In many states, a waiting period is required between the time you separate from your partner or file for divorce until the court declares the marriage to be over.
The waiting period can be a significant difference between states, and may range from a couple of weeks to over a year. Some jurisdictions don’t even have a waiting time.
If your state requires a waiting period, you can either live apart or have a legal separation, which involves a written agreement, court order, or both.
It is important to determine if your state has a separation requirement and understand its definition in order to avoid unnecessary delays during your divorce. It’s best to consult a divorce lawyer if you are unsure. They can help you navigate this part of the process according to your jurisdiction.
Determining the grounds for divorce
You will have to decide when you are ready to start the divorce process whether you want to go for a no fault divorce or a fault divorce. No-fault divorces are allowed in all states, meaning that neither party has to prove any wrongdoing.
Even if you spouse doesn’t want to end the marriage, irreconcilable disagreements between you two can serve as grounds for a divorce without fault.
Some states allow fault divorces based on specific grounds, such as abandonment, abuse, or adultery. Fault divorces are more expensive and complicated, but they can also be used to prove your spouse’s guilt or influence court decisions about asset division or child custody.
In the end, your choice between a fault-based divorce and a no-fault divorce will depend on your situation and the options that are available to you in your state.
Filing for Divorce
You must submit all the required paperwork to the court in order to initiate your divorce. You must meet any waiting periods before filing. If you fail to comply, the entire process will have to be restarted.
You should file your divorce petition in the court that is most appropriate, usually the divorce or family court of the county in which you or your spouse reside. Most jurisdictions require a certain period of residency before initiating divorce proceedings.
You will need to provide certain information when filing for divorce. This includes:
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Your spouse’s name and contact information
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The reasons for divorce
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Information on the children involved, including their age and location
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What are your desired outcomes in relation to:
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Property division
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Child custody
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Child support or alimony may be payable.
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The amount of the divorce fee varies according to your location. If paying the divorce fee is a financial burden for you, then you can ask for a waiver.
Service of Petition
Your spouse will receive formal notice of the divorce proceedings once you file for divorce. You can do this by hiring a process-server or having the sheriff deliver the divorce papers.
Even if you don’t know where your spouse is, you must still make reasonable attempts to notify them of the divorce. You can do this by getting permission from the court to publish notices locally. You must be able prove to the court whether your spouse was served divorce papers, or that you tried to do so.
Response to a Divorce by Default
Your spouse has a certain time frame to respond after receiving divorce papers. If your spouse does not respond, you may petition the court to grant a default divorce. This is also called an uncontested divorce.
If you are granted a divorce without a fight, the court may grant your requests in the initial divorce petition. This will dissolve your marriage.
If your spouse responds, they’ll submit an answer to the divorce petition you filed. Your spouse’s answer could indicate that they agree or disagree with your assertions. They may also submit a counter-complaint to the court introducing new information or allegations.
In general, if your spouse replies to you, they must serve a copy to you and show proof to the court that this was done.
Temporary hearings
Temporary hearings are held in jurisdictions that have a long waiting period before the divorce trial. These hearings are held after the divorce filing but before formal court proceedings. They address urgent issues that cannot be delayed, such as restraining order and children. Both spouses must be present.
Discovery and Preparation
This involves gathering evidence. It may include subpoenaing documentation, taking depositions or sending interrogatories. If you and your partner are not on the exact same page, and decide to hire attorneys, this step will be taken.
Settlement or Trial
You will have to come to an agreement with your spouse before your marriage can officially be dissolved. If you cannot reach agreement, then you may need to go to court.
Uncontested divorces, in which you and your spouse are on the same page about all divorce-related issues, usually result in the best outcome. You can save time and money by choosing an out-of court settlement. A mediator can facilitate the negotiation and help reach a mutually acceptable settlement in such cases.
If you and your spouse cannot agree on every aspect of the divorce case, then the case will go to trial. During the trial each party will give their arguments and present witnesses and evidence. To make a decision, the court will consider all the facts of the case as well as state laws that govern child custody, asset distribution, and other contested matters.