No matter the circumstances or the reason, divorce is a very difficult time for anybody going through the process, but working with a divorce lawyer to understand how the process works will help ease the anxiety. Knowing what lies ahead can take away uncertainty and help prepare you for what’s to come. Although different circumstances can change the situation, typically divorces follow a timeline that is consistent. Since divorces can vary, this is just a basic layout for how most divorces go and different situations may call for separate steps to be taken.
File Divorce Petition
The first step in any divorce is for one spouse to file a petition to divorce, the spouse that files it will be named the petitioner and the other spouse will be named the respondent.This petition must include a statement informing the court that at least one of the two spouses meets the requirements for that specific state’s residency requirements for divorce. The petition will also include the reason for divorce whether that’s fault or no fault. More information that can be included in this petition is any other statutory information that the state may require like the date of your marriage, any plans for marital property or child-related matters.
Notify Spouse
The next step is to notify your spouse that you have filed a petition for divorce. If you and your spouse are able to be cordial then you yourself may inform your spouse that you filed for divorce. Once you notify your spouse they will sign a Waiver of Formal Service to document that they were served the divorce papers. In the event that you and your spouse are not on good terms and learning of the divorce could lead to more disagreement or violence then you can hire a process server. A process server, county constable, or Sheriff are some people who can serve
legal documents and may help you in this situation. If all else fails then you can obtain a court order to allow for them to be served in an alternative way such as by mail. After your spouse has been served you’ll need to file a proof of service or the signed waiver of service in order for the divorce to proceed. Your spouse will then need to respond within a certain time frame in order to avoid a default judgment against them.
Temporary Court Orders
Not every divorce case will need temporary court orders, this is only for cases where waiting months for the divorce to be settled isn’t optimal. For example if you need to deal with things such as child support or spousal support while the divorce is pending.
Negotiate A Settlement
Negotiating a settlement can be difficult considering both parties need to agree and that’s not always easy. According to our friends at the Brandy Austin Law Firm, there is a lot to discuss such as property division, child custody, or other important matters in your life. Your attorneys can help mediate and discuss points in order to reach a settlement as easily as possible. The mediation will include a neutral third party to assist in these negotiations.
Trial
If negotiations fail and there are still unresolved issues then the next step is to go to trial. At this trial both parties will show the judge their evidence to support their claims about the important matters like child custody or business division and issues like that. The judge will then decide based on all the evidence and testimonies to make a final ruling on the divorce case. After you receive the final decree which the judge signs, the marriage has been officially ended and the matters included in that divorce will be finalized.
This is just a brief idea of what will happen in your divorce case because there are many factors feeding into the divorce but overall these are the steps you’ll take in your divorce. If you have questions or concerns, an attorney can help you out by answering questions and offering guidance.
