Before Filing: Getting Organized
The period before a divorce is filed is often the most important. Gather financial documents — tax returns, bank statements, retirement account statements, mortgage documents, and any records of significant assets or debts. Having this documentation organized before your first meeting with a divorce lawyer will save time and money. It also gives you a clearer picture of your financial situation, which is essential for making informed decisions throughout the process.
Filing the Petition
Divorce begins with one spouse filing a petition with the court. The filing spouse is called the petitioner; the other spouse is the respondent. The petition outlines the grounds for divorce (most states offer no-fault divorce based on irreconcilable differences) and the relief being sought — property division, child custody, support arrangements, and so on. Your qualified divorce lawyer will prepare and file this document and ensure it meets all procedural requirements.
Service and Response
Once the petition is filed, the respondent must be formally served — notified of the divorce proceedings according to legal requirements. The respondent then has a set period (typically 20 to 30 days, depending on the state) to file a response. In an uncontested divorce, the spouses have already agreed on the major issues and the response is a formality. In a contested divorce, the response may include counter-claims and the beginning of formal disputes.
Discovery: Getting the Full Financial Picture
Discovery is the formal process of gathering information about each spouse’s assets, debts, income, and expenses. This can include written questions (interrogatories), requests for documents, and depositions. Discovery can be straightforward if both parties are transparent, or it can become contentious if one spouse is attempting to hide assets or understate income. Your attorney plays a critical role in ensuring full disclosure.
Negotiation and Settlement
The vast majority of divorces — estimates suggest 90 to 95 percent — are resolved through negotiated settlement rather than trial. Attorneys negotiate on their clients’ behalf, working through issues of property division, custody, and support. Mediation, involving a neutral third party, is often used to help spouses reach agreement on contested issues. A good settlement is one that both parties can live with and that provides a foundation for moving forward.
Trial: When Agreement Cannot Be Reached
If settlement negotiations fail, the case goes to trial. A judge hears arguments and evidence from both sides and issues rulings on the contested issues. Trial is expensive, time-consuming, and emotionally taxing — and the outcome is in the hands of the judge rather than the parties. Your attorney’s trial experience and advocacy skills are paramount if the case reaches this stage.
Finalizing the Divorce
Once a settlement is reached or a trial verdict is rendered, the court issues a final divorce decree — the legal document that officially ends the marriage and sets out all the terms of the divorce. Review this document carefully with your attorney before it is signed to ensure it accurately reflects all agreed-upon terms. After the decree is entered, both parties are legally obligated to comply with its terms.