The divorce process is often complex, time-consuming, and expensive, and it can be difficult to understand what happens when getting a divorce.
Getting a divorce in the U.S. can vary depending on the state. However, each state follows similar key steps within its divorce process.
Learn what to expect from a divorce and the key stages that every state follows within the divorce process.
Separation
Before going through a divorce, a separation period will likely occur for a length of time. Whether you are temporarily taking a break from your marriage or plan on filing for a divorce, couples can decide to separate on their own or formally ask the court to issue a legal separation (which is dependent on where you live).
Separating from your spouse is not the same as divorcing though. A divorce permanently terminates a marriage while with separating, a couple remains legally married.
Separation is usually the first stage before getting a divorce, but it is possible to divorce without separating. Again, this is dependent on where you live as some states require a period of separation before divorce and others don’t.
Every state also has its own take on the meaning of separation too. This means that some states require a couple to live in separate houses and others allow a couple to live together, providing they live separate lives.
Grounds for Divorce
If there’s no chance of rekindling your marriage or you’ve discovered you want a divorce through temporarily separating, then the divorce process can begin. The first stage of this is to determine the legal grounds for the divorce. There are two types of grounds for divorce, no-fault and fault.
A no-fault divorce means that the spouse who is filing asks for a divorce without alleging that the other spouse has done something wrong. The spouse will tell the court that the marriage is broken or that the couple can’t reconcile their differences. Within this, in some states, you can request a divorce based on separation. Doing this also doesn’t require either spouse to allege the other is at fault for the divorce.
Every state offers a no-fault divorce, and this route tends to be quicker and less expensive too.
Some states in the U.S. allow spouses to file for a fault divorce. In this grounds for divorce, a spouse will allege that the other spouse’s misconduct is the reason for the divorce. This can be done for a number of reasons such as to feel justice for the other spouse’s wrongdoing.
This type of divorce is offered for adultery, abandonment, alcohol or drug abuse, and physical abuse. During a fault divorce, the spouse that is filing has to prove the allegations in court. For this reason, this type of divorce usually takes longer and can be quite costly.
Filing the Petition
Once the grounds for the divorce are set, the spouse who is the petitioner will file a divorce petition with the local court. Before doing this, it is best to discover if your state requires you and your spouse to live separately or not. If you file too early, you can risk the court rejecting your case.
The petition outlines the grounds for divorce and any requests for support, custody, and property division. When the petition is done, you will have to take it to your local court, along with any other required documents, and pay the filing fee.
Serving the Papers
The other spouse who is the respondent must be formally served with a copy of the divorce papers. This can be done through a process server for a fee, or you can contact your local sheriff’s department to serve the papers to your spouse.
Serving the papers is a vital step as it ensures that both spouses have time to review and respond to them before the court takes action. Most states have a waiting period that the court needs to allow before the divorce can be finalized. The spouse who is filing must complete and provide proof of service to the court before the waiting period can begin.
Response
The law in many states generally allows the respondent 21-28 days to respond. After this period, they need to agree or contest the petition and the allegations. The respondent can also file a counter-complaint to allege new facts for the judge to consider.
Similar to the original divorce complaint, the respondent must serve a copy of their answer to their spouse and provide proof of service to the court. Once this is done, the court must proceed with the divorce process.
However, if the responding spouse fails to respond by the deadline, the filing spouse can ask the court to issue a default judgment in their favor. This means that the court will award you everything you have asked for in your petition. If minors are involved, the court will make sure that any of your requests are in the children’s best interests before issuing the order.
If this happens within your divorce process, then as soon as the judge signs the final documents and issues a divorce decree, your marriage will be terminated, and the process will be over.
Temporary Orders
The divorce process can be very lengthy, even if your spouse agrees to everything within the petition. Due to this, courts allow temporary orders to help settle issues in the meantime. This is because in some states, they require a couple to be living separately for up to a year or some have waiting periods of 6 months before the divorce can be finalized.
Various types of temporary orders can be given depending on what you need, and they can be for different reasons. The specific issue order is the most common type of order within the divorce process. This is to settle family issues, particularly when it involves children, and can help you to receive temporary custody and child support.
If you are looking for advice on the specific issue order in the UK or the US then it’s best to find out more from a lawyer.
Other reasons for a temporary order can include gaining domestic violence restraining orders, allocation of marital expenses during the divorce process, and spousal support.
Discovery
Within this stage of the divorce process, each spouse will exchange financial information and documents to ensure transparency regarding assets, debts, and income. Doing this not only promotes transparency, which helps facilitate fair and equitable settlements, but it also helps each party to build a strong case.
For example, if a spouse suspects the other is hiding assets or misrepresenting their income, the discovery stage gives a legal path to uncover the truth. The discovery stage also prevents any surprises from occurring at trial due to all the information being disclosed beforehand.
Negotiation & Settlement
After this, the negotiations begin, which is then followed by the settlement. You and your spouse can negotiate all the terms stated within the papers, which can regard custody, property division, and support.
This can be a lengthy period if you can’t agree on the negotiations and can be difficult to settle. In these cases, it may be best to opt for mediation to help facilitate this process and get it moving forward again.
Once you and your spouse agree on all of the divorce issues, you should put your terms in a divorce settlement agreement. This is a legally binding contract that outlines how the couple resolved the issues. When this is complete, you will submit the signed settlement agreement to the judge. If it meets the state’s requirements for fairness to both spouses, the judge will then sign it and incorporate it into the final judgment.
Trial (if needed)
If a settlement can’t be reached between the couple, then the case will go to trial. This is where a judge will make the final decisions on the issues instead. Usually, the spouses and their lawyers will attend multiple court hearings to present witnesses, evidence, and testimony to the judge before the judge decides how to resolve the case.
If the dispute is due to custody, a court may require the family to complete a custody evaluation. This is where an investigation is carried out through interviewing the parents, children, teachers, caregivers, and other family members.
However, going through this means more cost to the divorce, and it can take up to a year for it to be completed.
Final Judgement
After everything is resolved, one way or another, the judge will come to the final judgment stage. This is where the court issues a divorce decree which outlines the terms of the divorce that you both, or the judge, have decided upon.
Once this is handed over, the divorce process is complete, meaning your marriage is terminated and everything is finalized.
Make sure to consult a lawyer if you have any questions about anything during the divorce process or seek advice from industry professionals. If a divorce is needed, then research the laws and regulations for your state to avoid the court rejecting your file for divorce. Ensure you are prepared with relevant information, factual evidence, and terms you would like to reach an agreement on before starting the divorce process.
