In an uncontested divorce, depending on the state’s requirements, when neither spouse challenges the other’s right to a divorce, the process may take as little as 6 weeks (or less time in the absence of children, joint assets, or other complex concerns). The duration of a contentious divorce lawsuit might range from a few months to a few years. Divorce is never easy and never fun, no matter the reasons behind it.
Remember that while dealing with emotional and financial difficulties, you must also deal with a convoluted legal procedure. However, although every divorce case is unique, there is a standard procedure that the majority adhere to. The divorce procedure is laid out here in detail.
1. Submit the Petition for Divorce
A divorce petition initiates the dissolution of a marriage. Divorce may be initiated by either spouse (the petitioner) formally requesting the court to dissolve the marriage, regardless of whether the other spouse agrees. Included in the petition must be:
- Documentation proving that one of the spouses satisfies the residence criteria for obtaining a divorce in the state. The standard requirement for residency in most states is that one spouse must have lived in the state for three to twelve months, with an additional ten to six months in the county where the petition is filed. The court will only accept the case if both spouses fulfill the state’s residence criteria.
- The cause of divorce under the law changes depending on the state when filing for a no-fault or at-fault divorce. Many factors may be used to determine blame, such as adultery, desertion, impotence, infertility, a criminal record, abuse (emotional or physical), drug misuse, mental illness, and criminal convictions. Reasons that do not include blame include incompatibility, irretrievable breakdowns, and irreconcilable disagreements.
- An annulment is another legal avenue that some couples may pursue when looking to end their marriage. Each state has its unique filing procedure and specified reasons.
2. Get Immediate Court Orders
The court system recognizes that not everyone can afford to wait months for a judge to complete a divorce; for example, a spouse who stays home and is financially reliant on their husband may be unable to wait that long. Thus, when you file for a divorce, you can get interim orders from the court concerning custody, alimony, and spousal maintenance.
A temporary order request requires a court hearing, during which the court will hear evidence from both parties and decide. The judge usually moves swiftly to issue the interim order, which stays in effect until the divorce is completed or the court gives another order.
3. Proof of Service Document
To get interim orders in a divorce case, you must provide your spouse with a copy of the papers and then submit evidence of service to the court. This paperwork verifies to the court that you gave your partner a divorce petition, as the law requires. If you fail to serve your spouse correctly and provide evidence of service, the court will not proceed with the divorce process.
Assuming your spouse is cooperative and willing to sign a declaration of service, this step should be rather easy. However, if your husband is opposed to the divorce or plans to obstruct the process in any way, serving you with the necessary paperwork might be a real challenge. Hiring a certified expert who has dealt with delivering papers to evasive parties before is the way to go in these situations.
Your spouse, the respondent, has a certain amount of time from receiving the divorce petition documents to submit a response. A “default” judgment, which may be costly and time-consuming to undo, can occur if you do not reply promptly. The respondent may dispute any claim stated in the petition or judgments involving custody, property splitting, monetary assistance, etc.
4. Reach an Agreement
You must negotiate a deal if you and your ex-spouse cannot agree on issues like child custody, child support, and property distribution. You, your partner, and your lawyer(s) may be required to attend a settlement meeting the court has scheduled.
The court may appoint a neutral third party to mediate disputes when necessary. Although mediation is not legally required in many jurisdictions, it is often suggested to help with the process.
5. Proceed to Trial
A divorce trial will be necessary if the parties cannot resolve their differences via mediation. Although trials usually occur before judges, they may also include juries in rare instances. To back up their arguments about child custody, alimony, property distribution, and other divorce-related issues, both parties provide evidence and call witnesses in either case.
After hearing both sides’ arguments, the court will make a definitive, legally enforceable ruling. Divorce cases are lengthy, costly, and require extensive planning, so keep that in mind. Alternative conflict resolution processes, such as mediation, cooperative divorce, or private arbitration, are often worthwhile to investigate.
6. Reach a Final Decision
The judge’s signature on the divorce judgment is the last stage in any divorce procedure, whether amicable or trial-based. This decree officially dissolves the marriage and spells out the specifics of the split of assets and obligations, child and spouse support, parenting time, and custody.
The attorney often drafts a judgment representing the spouse who filed for divorce, even if you and your soon-to-be ex-spouse settle the negotiation. However, if the divorce case goes to trial, the judge will provide the ultimate ruling.
How Can A Divorce Lawyer Help?
There are primarily two aspects that must be considered during a divorce:
- Separation of funds and settlement of real estate
- Arrangements for Custody
So, how exactly can a divorce lawyer assist you and your loved ones? Court proceedings may be long-consuming, expensive, and emotionally taxing on top of everything else at an already difficult time. In a divorce, a lawyer’s job is to secure a fair settlement while keeping your loved ones out of court and safeguarding your assets.
Select Law Partners – Fairfax Divorce Attorney provides realistic solutions and smart bargaining to help resolve cases out of court, drawing on our skills and experience. If you need assistance navigating the settlement of any kind of asset, our staff specializes in dividing and settling high-value properties.
Contact our divorce attorneys at 855-541-4867 for a free consultation.
Jason is the Marketing Manager at a local advertising company in Australia. He moved to Australia 10 years back for his passion for advertising. Jason recently joined BFA as a volunteer writer and contributes by sharing his valuable experience and knowledge.
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