Unless you have previously gone through a divorce, you probably do not know what to expect. Getting a divorce is a complicated legal process. There are often unwanted delays and surprises. Understanding the process will help alleviate some of your fears and help you become more comfortable.
The following is a general chronology of the divorce process.
- To start off the divorce, a lawyer for one of the spouses drafts and files a petition. The petition explains that the spouse wants a divorce and sets out the issues that need to be resolved.
- The other spouse must file an answer stating whether or not the spouse agrees with the petition. If he or she does not file an answer, then court assumes the spouse do not oppose the terms of the petition.
- The couple exchanges documents and other information about issues such as property and income. By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and alimony.
- The parties will usually attempt to resolve their issues through mediation or settlement.
- If a settlement is reached, the settlement agreement is shown to a judge at an informal hearing. The judge will ask a few basic factual questions and whether each party understands and chose to sign the agreement.
- If the judge approves the agreement, judge will approve a divorce decree that shows what the parties agreed to. If the case does not settle or the judge does not approve a settlement agreement, then the case will proceed to trial
- At trial, the divorce attorneys present evidence and arguments for each side, and the judge decides the unresolved issues, including child custody and visitation, child and spousal support, and property division. Once the judge has reached his or her decision, the judge grants the divorce.
- Either or both spouses can appeal a judge's decision to a higher court.
It's hard to say how long all these steps will take in your case. The process depends on the court?s schedule and how much the parties are willing to cooperate with each other. The entire process can take from as little as a few months, to as long as several years.
