Divorce is a legal proceeding that dissolves a marriage. Some divorces are complicated, contentious proceedings, dragging on for months or even years. Others are simple affairs, where both parties agree on the issues quickly. In either case, divorcing is a very emotional process, particularly for any children of the marriage. Before initiating a divorce action, think long and hard about whether the marriage can be saved.
Jurisdiction
Prior to filing for divorce, you must first determine which state will have jurisdiction over your case. Jurisdiction is usually determined by where the divorcing parties live, although most states require a minimum period of residency to have passed before permitting a party to file a divorce action in the state court. The question of jurisdiction can be quite complicated, particularly if the parties have been separated for a long time and have moved states during the period of separation. When the issue of jurisdiction is unclear, it is advisable to consult a lawyer to determine in which state you are entitled to file for divorce.
Summons and Divorce Petition
A divorce action is initiated by serving a Summons and Divorce Petition on your spouse. The summons is a legal document that announces that a divorce action has been commenced. In certain states, once the summons is served upon a party that party is forbidden to dispose of marital assets or change insurance coverage.
The Divorce Petition is a document that establishes the identities of the parties and gives a description of their background, including length of marriage, number of children, occupations, and an account of the marital assets. The Petition also sets out the relief requested by the filing party including, alimony, child custody or child support.
Counter-Petition
If a divorce is contested, the party whom has been served may file a counter-petition with the court. The counter-petition usually offers the opposing party's statement of facts and request for relief. Usually, the opposing party has 30 days to file a counter-petition.
Temporary Relief
Divorce proceedings can take a long time before all the issues are finally resolved. Therefore, a party may request the court for a hearing to seek temporary relief on issues that need to be resolved while the divorce is pending. For example, you might want the court to determine issues relating to temporary child custody, child support or spousal support.
Discovery
Sometimes the divorcing parties need to obtain facts, documents and information from each other in order to resolve certain contested issues. The period in which the parties may formally gather this information is called "discovery." During discovery, fact-gathering can occur through several different means. The three most common means include: Interrogatories, which are written questions requiring written responses, Document Requests, where the parties ask for the production of particular documents; and Depositions, where each spouse is interviewed under oath by the opposing attorney.
Settlement
Divorce actions can be settled at any point in the process, as long as both parties agree on all the issues. When a settlement between the parties is reached, the former spouses sign a "settlement agreement" which sets forth the terms of their resolutions. If settlement is not reached between the parties, the case goes to trial.
Trial
According to Divorce360.com Relatively few divorce cases go to trial. Trials require a great deal of attorney hours, resulting in high legal fees that both parties usually want to avoid. Moreover, most judges that hear divorce actions encourage the matter to be settled out of court, and may even recommend that the parties see a mediator to resolve their differences. However, when a divorce proceeding does go to trial, it proceeds like any other litigation: the attorneys of both parties present their sides, call and cross-examine witnesses, and sum up their arguments. In most states, divorce trials are decided by judges although some states require a jury trial.
