The steps for filing for divorce will vary depending on the circumstances of each situation, but some steps are fairly common.
Step One: Giving Notice to the Respondent Spouse
The first step in filing for divorce is filing a petition or a complaint. The term used to describe the initial filing with the court varies from state to state but it is essentially a document that declares the intention of one of the spouses to terminate the marriage. The petition or complaint must usually be personally served which means an adult not involved in the marriage must physically hand the initial documents to the respondent spouse. This process assures that the respondent spouse has notice of the divorce and neither spouse has to worry about something getting “lost” in the mail.
Step Two: Separation
The second step is usually making financial separations. Sometimes spouses can afford to physically separate and sometimes they cannot. Physical separation means that one spouse moves out of the marital residence and likely also takes personal possessions and some marital property like furniture.
It is common in bad economic times for spouses to continue to live under one roof even after filing the initial papers for divorce. Financial separation begins though when the spouses start taking steps to set up bank accounts and credit cards in their own names. It can be a difficult time because each spouse can lose control and knowledge of the other’s financial situation during this time. Most initial paperwork in a divorce warns each spouse against making reckless purchases.
Step Three: Settlement Discussions
It is common even the most difficult and acrimonious divorces for couples to find common ground on some issues. Property division is an area that people can often find some areas of agreement. A couple may use a mediator or their attorneys to aid in settling as much as possible before beginning the long and expensive step of litigation.
Step Four: Litigation
Not all spouses will end up litigating their divorce, but those that do are in for a typically long and expensive step. Litigation typically includes depositions of each spouse, interrogatories served upon and answered by each spouse, and testimony in court. Litigation can also include expert testimony from parenting or financial experts depending on the issues remaining unresolved. Only those issues upon which a couple cannot agree need to be litigated.
Step Five: Judgment and Decree
The judgment and decree is the final document which declares the marriage is terminated and spells out the terms of the divorce with regard to property division, custody, parenting time and support. A judgment and decree can be agreed upon by both parties and signed by the court or can be ordered by the court if the couple cannot agree on all issues.
Getting Legal Help
Each divorce action is as different as each couple. An experienced attorney can assist a spouse in minimizing the costs and pain involved in a divorce. Competent legal representation can make the process easier and can preserve a spouse’s rights.
