Divorces can be separated into two broad categories: contested and uncontested. Uncontested divorces are those in which both spouses agree to all the terms of the divorce, whereas contested divorces involve one or more issues on which the spouses cannot agree. Although divorce laws differ from state to state, all contested divorces go through the same basic steps no matter where you live.
Pre-Trial
Divorces are lawsuits, and like any lawsuit the process begins with the filing of a legal papers. Depending on the state in which the divorce is filed, divorce lawsuits are generally called either complaints or petitions. The petition states the basis of the divorce claim and asks the court to grant specific awards, such as alimony, child support and child custody rights.
In contested divorces, the divorce petition is filed by one spouse and the other spouse files another document, called a response or counter-petition. The two documents together tell the court where the parties do not agree. The party filing the petition typically asks for temporary court orders as well, such as temporary support or child custody determinations that apply during the course of the divorce.
Trial
Once the divorce is initiated, the parties must go through the civil litigation process. After the petition and response have been filed, the parties must appear before the court. The court can at this time, or immediately upon receiving the petition, grant temporary orders about custody and child support. Courts can also issue restraining orders preventing the parties from disposing of marital property until the divorce is finalized.
All disputed issues must be settled before a divorce can be finalized. The parties get a chance to do this on their own through negotiations, or the court can make the decision after a trial. Each party has a chance to order the other to turn over evidence, called the discovery process, and then present such evidence before the judge or jury at trial. The parties can come to a settlement at any time before a trial is concluded.
Judgment and Post-Trial
Once a trial is finished, or the parties reach a settlement, the court enters its decision. If the couple has reached a settlement on the contested issue, the court can adopt the settlement agreement and make the terms a part of its decree. If the parties do not come to an agreement, the court enters its own decisions based both on the findings of fact made at trial and the findings of law made by the court. The court issues its decision in a divorce decree, sometimes called a decree of dissolution of marriage. In the decree, the court details what the parties must do and what each party gets as property; makes child custody decisions ;and determines every other issue that is part of the divorce. This decree is final unless appealed or later modified by the court. Once entered, the divorce decree ends the marriage and allows each spouse to remarry.
