The Divorce Process: Taking It Step-By-Step

When the specter of divorce arises, usually, only those who've already been through it have a good idea of what to expect. Divorce is not just one action, but a series of actions that lead to the final decree and it can be helpful to know what to expect. Dealing with the emotional ramifications of divorce is difficult enough without also having to worry about the process. In most cases, the below process unfolds in much the same way for almost everyone. Read on to learn more.

The Legal Separation Agreement

Not all states require that the act of separating is accompanied by an agreement but it is recommended. A legal separation agreement solidifies details dealing with your children, debt, and more during the separation period. Provisions can be made that will provide guidance and rules that will remain in place until the final decree is issued. You might be surprised at the issues that can be addressed with a separation agreement. It might cover everything from child and spousal support to who lives in the family home during the divorce.

Divorce Papers are Served

Once you (or your spouse) has consulted with a divorce attorney, the petition is drawn up and served. In most cases, it doesn't matter who serves who and it won't have any bearing on fault, assets, debt, custody, or anything else. This document is known by various names and is presented to your spouse in person by a process server.

Discovery

Not all divorces will prompt a need for discovery. This series of events consists of you and your spouse's lawyers requesting and fulfilling documents and other case evidence. For example, you might ask your spouse to respond with a request for financial disclosures. Discovery provides for an open evaluation of critical issues and the information gleaned will form the basis for either agreements or contention.

Mediation

While not a requirement in all cases, sometimes family court judges will order couples who are in disagreement about one or more issues to participate in mediation. This manner of resolving issues is less acrimonious, less stressful, and less expensive than having the judge to decide. Mediation involves specially-trained third-party mediators who guide the couple through a conflict resolution process.

Litigation

If issues remain with the divorce agreement, the judge may need to hear testimony and evidence and render rulings. This phase of the divorce process can be lengthy and difficult depending on the number of issues to be decided.

The Final Decree

When an agreement is reached or the judge rules, the divorce is finalized through the decree. The final paperwork includes all orders pertaining to child custody, visitation, and support, spousal support, the assignation of debts, the division of property, and more.

Be sure to speak to a local divorce attorney to learn more.