What Does the Divorce Process Actually Look Like in Practice?

Between 40 and 50% of all marriages end in divorce nowadays. Nevertheless, for the vast majority of us, the actual process involved in getting divorced remains a mystery until we go through it.

Are you considering separating from your spouse and want to prepare yourself for what’s to come? Well, let us help. Read on to discover exactly what the divorce process looks like in practice.

Step 1: Filing for Divorce

The first step involves filing a legal petition whereby you ask the court to end the marriage. This petition includes 3 key pieces of information:

First, a statement informing the court that you and/or your spouse meet the state’s residency requirements to get a divorce. Second, the grounds for the divorce (i.e. a legal reason for it). And third, any other obligatory information required by the state.

It’s worth noting that you and your partner don’t need to agree on the divorce for this step to take place. Filing the divorce petition’s an option at any point.

Step 2: Ask for Temporary Court Orders

There are certain instances where waiting for a judge to finalize a divorce isn’t fair, sensible, or practical. One example would be if you’re a stay-at-home parent who depends financially on your spouse. In these instances, you can request temporary orders around things like child custody and spousal support after filing for divorce.

You’d then attend a hearing where the court collects information from the married couple and makes an official ruling. If the order’s granted by the judge, it stays in place until the divorce is finalized and/or the court orders otherwise.

Step 3: Serve Your Spouse

The next step is to a) give your spouse a copy of the paperwork and b) file what’s called “proof of service” with the court. This document basically tells them that you gave a copy of the petition to your spouse, thereby meeting this statutory requirement. Take note: the divorce process can’t continue until this has been done.

The recipient of the divorce petition must then respond to it within a certain time frame. They can dispute various elements of the petition (such as the grounds, or decisions over child custody). If they don’t file their response in the given time frame, the result can be a “default” judgment, which is hard (and expensive) to overturn.

Step 4: Negotiate (Or Go to Trial)

Partners who disagree on matters of property division, custody, and so on must then negotiate a settlement. If these negotiations fail, then you’d go to trial. This is usually held before a judge who, after hearing the evidence and listening to witnesses, makes a final decision- signing the judgment of divorce thereafter.

Top tip: Be sure to get representation with Right Lawyers, or other reputable firms of that nature, if you’re forced to go down this route. With a lot at stake, seeking professional legal advice from the best divorce lawyer possible is essential.

Now You Know What the Divorce Process Looks Like

Despite how commonplace it is nowadays, very few people realize what steps you go through during the divorce process. If you fall into this category, then we hope the insights in this article have shed light on the situation.

Would you like to learn more about topics like this one? Keep browsing our blog!