The Steps Involved in a Divorce Process
Parting is one of the most difficult decisions, even if it might benefit the couple. No matter how difficult a person’s marital life may have been, the divorce process can be emotionally taxing. The legal complications, social stigma, or even seeing the partner again can make the whole process difficult.
People must understand the steps in the divorce process so they can be prepared. Even though the nuances in the divorce process may vary depending on the jurisdiction, they generally have a common sequence of steps. This blog explains the key steps in getting a divorce, helping individuals understand what to expect.
Filing the Divorce Petition
First, the partner (i.e., petitioner) intending to file for divorce must hire a divorce attorney. A lawyer can help the petitioner through the complex legal process of divorce and represent them whenever necessary. They can draft a divorce petition with legal guidance, also known as a complaint, listing their requirements.
It must also include details like the grounds for divorce, alimony, child support, property division, etc. They can then proceed to file the petition with the court. Once it has been filed, a copy is sent to the spouse (i.e., respondent), and a certain time is given for them to respond.
Response and Temporary Orders
Once the respondent gets time to go through the divorce petition, they may respond in the following ways:
- Agree to the petitioner’s petition
- Disagree with the petitioner’s petition
- File a counterclaim to the petitioner’s petition
The divorce process will take time, even if the respondent agrees to the petitioner’s complaint. To ensure no problems arise, the court can conduct a temporary hearing and establish temporary orders until the divorce process is completed. The temporary hearing could address the following:
- Child custody
- Spousal support/alimony
- Living arrangements
- Financial arrangements
- Restraining order (if applicable)
Discovery and Negotiation
Both parties must disclose all financial documents, properties, and other relevant information. This is to ensure that both parties are aware of all their assets and can proceed with all information. When all existing assets are taken into consideration, there can be a fair division of assets. Both parties exchange financial documents, assets, and relevant information.
The parties can then proceed to negotiate the terms of their divorce. Each can list their own demands regarding property, custody, and support and try to reach an agreement. People also can opt for mediation, where a person acts as a mediator for the parties and tries to get an agreeable situation.
Court Hearings and Settlement Attempts
If the parties come to an agreeable settlement, they can proceed to make a marital settlement agreement. This agreement is considered a legal document that must be presented to a judge in an informal court hearing. If the judge determines whether the agreement is understood and acceptable for both parties and chooses to sign it.
If no settlement was reached or the agreement was disputed, the court can schedule hearings. During the hearings, both parties can present their arguments. The court might encourage the parties to go for final negotiations before trial.
Divorce Trial
If the parties do not reach an agreement, the case proceeds to trial. In a trial, the court will make the final decisions on the contested issues. It can involve legal arguments, witness testimonies, evidence, etc., that the parties may provide to support their argument.
Once the judge has heard both sides of the argument, they will give a final verdict for the contested issues. The parties can then proceed to sign the agreement or file a petition to a higher court if they are unhappy with the current verdict. If the parties choose to sign the agreement, the marriage is legally dissolved.
