Although some divorces are very simple and can be handled with a minimum amount of red tape and delay, most divorces are much more difficult.
The basic divorce goes something like this:
- One spouse contacts an attorney who assists in the preparation of a petition, the legal document that sets forth the reasons why the divorce should be granted and outlines the relief sought. The petition is then filed with the court and served on the other spouse, along with a summons that requires that spouse’s response.
- Once the spouse is served, he or she must respond within the time limit given, or it will be assumed that he or she does not contest the petition. In that event, the petitioner will be granted the requested relief. The response must set forth the relief that the answering spouse requests.
- Next step – the couple, through their attorneys, engage in discovery during which they exchange all documents and other information relevant to deciding the issues in the divorce, such as property division, spousal support, child support, custody, visitation, etc.
The parties may attempt to reach an agreement based on the full disclosure to each other of all relevant information. The settlement process can be initiated voluntarily or facilitated by the parties’ attorneys or by a neutral third party, such as a mediator.
Once a settlement is reached, the agreement encompassing the terms of the settlement is submitted to the court at an informal hearing. The judge will ask both parties some basic questions, i.e. did they freely enter into the agreement?
Once the judge approves this agreement, he or she will issue a divorce decree that includes the terms to which the parties agreed. If he or she does not approve it, or if there has been no agreement, the case will go to trial.
At trial, the attorneys present the evidence and arguments for both sides. The judge will then decide the unresolved issues, including child custody and visitation, child and spousal support, and property division. The divorce is then granted.
The entire process can take from as little as a few months to as long as several years. Cooperation between the parties is the main determinant of how smoothly the process will go.
Divorce, whether contested or uncontested, can be a complex legal process. When children are involved, even an amicable divorce can become an overwhelming emotional battle. When property is involved, it is important to take action to ensure that your future interests are addressed.
Although a divorce is a decision made and carried out between two people, the truth is that the choice to enter into a divorce will have much wider-spread ramifications.
Whether considering the effect on the couple’s children, or how relationships, such as other family members, it is impossible to deny the consequences divorce will have on your life. While divorce cases may be settled amicably, it is in your best interest to have an experienced family law attorney represent you and protect you and your children.
