Going Through the Divorce Process
Once you have decided to divorce, you will need to work with a divorce lawyer to put together the divorce petition. This is a formal complaint asking the divorce court to grant divorce based on certain grounds presented. The divorce petition generally identifies the spouses, any children and the issues surrounding the divorce.
After the divorce petition is filed, your spouse will get the chance to answer the petition. In your spouse’s response, he or she will confirm that the divorce petition was received and answer the allegations and requests made by you. The answer to the divorce petition can either be an agreement, an objection or a combination of both.
Divorce Waiting Periods & Temporary Divorce Orders
Your state may enforce divorce waiting periods once the divorce petition has been filed but before continuing the divorce process. Divorce waiting periods can allow time for you and your spouse to see if reconciliation is possible before proceeding with divorce.
Temporary divorce orders may be issued to help the household continue to run throughout the divorce process. These orders are only honored only during the divorce process. When the divorce petition is finalized, the temporary divorce orders will dissolve.
The Discovery Process in Divorce
During the discovery process, each spouse gathers details about each other: assets, debts, income, health, affairs and other issues related to divorce. The discovery process is usually not contested, and the parties are asked to work together to exchange information. If your spouse attempts to hide important information that affects the divorce, your local divorce lawyer can ask the divorce court to order your spouse to compel to the requests. It may be possible that the court will order your spouse to pay your divorce lawyer’s fees.
Alternative Dispute Resolutions & Divorce Court
Typically, divorce courts urge people to consider alternatives to divorce court, such as divorce mediation or arbitration. If you and your spouse are able to work together long enough to determine a divorce settlement, alternative dispute resolution may help protect your family, save you money and speed up the divorce process.
If alternative dispute resolution isn’t possible, the divorce court will schedule a trial. During the divorce trial, you and your spouse will typically present each side of the divorce by calling witnesses and cross examining your spouse’s witnesses. In most states, a judge makes the final decision on the divorce settlement that is then entered as a final decree. If you or your spouse are not happy with the terms, or you are considered the “losing party,” it may be possible to appeal the decree.
Although the divorce process is generally finished with the final divorce decree, you or your spouse may also petition to modify the divorce settlement if circumstances change in the future.
No matter where you are in the divorce process, speak with a local divorce attorney today about your options. Get advice on how to work through a tough time in your life, while still protecting yourself and your family.