Divorce involves the legal termination of a marriage. This allows either party to function individually and marry again. Most divorces include more than simply saying goodbye. Getting to the final decree in a legal divorce involves a series of stages, mainly pertaining to finances, assets and custody issues.
Jurisdiction
Rules vary from state to state as to jurisdiction in the filing of a divorce. According to Woman's Divorce, many states require that a person lives in the state for 180 days prior to filing. If there is a choice of jurisdictions, it may benefit the filing party to file the petition in her state of residence. Option of jurisdiction is the primary benefit of being the filing party.
Petition
The attorney for the person seeking the divorce, known as the plaintiff, prepares a summons. The summons explains that a petition of divorce has been filed and states some basic facts, such as identities of parties involved, specifics of any children in the relationship and assets within the marriage. The petition further seeks relief requested, such as child custody and support, spousal support and division of assets and debts. The summons is filed with the county clerk's office and a copy delivered to the second party in the marriage, the defendant.
Answer
Most states allow 30 days for the opposing party to file an answer. An answer is the defendant's chance to either agree to or oppose the statements and demands made in the petition. Failure to file an answer within the designated period allows the plaintiff to seek a default, meaning that the plaintiff may ask for the requested relief without opposition.
Temporary Orders
A temporary hearing, which may be requested by either party, is scheduled to determine immediate issues while the divorce is pending. Your temporary order typically decides issues such as temporary custody of minor children, maintenance and support, who remains in the home, use and disposal of assets and protection factors in cases of domestic violence. Temporary orders are alterable if a situation arises to warrant change.
Mediation
Mediation is sometimes required. A neutral mediator assigned to the case meets with the parties involved and encourages discussion in an attempt to persuade the parties to come to agreement. Any discussions during mediation is usually not admissible in court and the mediator gives no legal advice.
Discovery
Discovery, the fact-finding aspect of the divorce process, usually involves contested issues. Facts are gathered pertaining to income, debts and assets. Discovery can be done either by agreement between the parties or by court order. Discovery involves written questions, document requests and sometimes witness subpoenas.
Settlement or Trial
The parties in a divorce possess the option at any time to come to a settlement on the issues to speed the process along. Sometimes the court requests a settlement hearing to urge resolutions. In absence of a settlement, the case goes to trial where all testimony and facts from the deposition are presented and the judge rules on the petitions.
