Understanding the Average Divorce Procedure

The Basics of the Divorce Procedure

All divorces are different, but there are some basics of the divorce procedure. Depending on the state the couple is divorcing in, the amount of money at stake, children to be provided for, length of marriage, and reason for a divorce procedure, some are quick and easy to manage, and others are time consuming and expensive. Every divorce procedure will go a little bit differently, based on the people and their circumstances; however, there are a few steps that are consistent in almost every divorce procedure.

First Steps in a Divorce Procedure

The Petition for Divorce needs to be completed and filed by the divorcing party, often called the Plaintiff or the Petitioner. An attorney usually handles this for the spouse who is seeking a divorce procedure. The Petition, Summons, and any other legal documents will be served to the other spouse, who will then be known as the Respondent or the Defendant.

The court will decide if any temporary orders are necessary, including custody orders and support orders. Most states have a waiting period, anywhere from a couple of weeks to a full year for a couple to be separated before the actual divorce is granted. This waiting period is meant to allow the sides to work out their differences and come to agreements on how to divide property and assets, care for minor children, and other issues. Mediation sessions are often held to help the two parties work through any disagreements before going to court. If mediation is successful, each party will agree to the terms of their separation and divorce procedure in writing, and then wait until their court date is established to make their divorce official and legal.

If mediation is not successful, each side will begin to gather documentation and evidence that supports their claims and demands. If there is still not settlement reached, a trial date will be set and the lawyers for each spouse will begin preparing for the court battle. The divorce procedure then moves into the courtroom, where a judge will oversee all statements, facts, evidence, and witnesses. Each side will plead their case and the judge will make a decision on the case.

Finalization of the Divorce Procedure

The judge will make his or her ruling, and then sign a Decree of Divorce. This finalizes the divorce procedure, and settles all of the disagreements. If one side is still dissatisfied, it is possible to appeal the decision to a higher court. These elements are the standard parts of any divorce procedure in most of the country.

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