How the Divorce Process Normally Goes

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Divorce starts when one of the spouses files a complaint or divorce petition. The petition is a formal complaint usually set by a spouse with the assistance of a divorce attorney. The spouse will file it at a divorce court. Often, the divorce petition should be filed in the county of the filing individual no matter where the married took place.

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Divorce Documents

The divorce petition asks the court to provide a dissolution or divorce according to a certain reason. No-fault divorce involves irreconcilable differences as reasons. The divorce petition should also identify the parties, the kids and the divorce issues. The spouse who filed the divorce should state in his wishes in the petition in terms of child support, child custody, property division, alimony and other marital concerns requesting the divorce court to grant such wishes.

How the Petition is Served

Usually, a third party like the sheriff’s office legally serves the petition. When the two parties agreed, the divorce petition service is likely to be delivered by mail if the receiving spouse signs a receipt that acknowledges the service. The service is helpful in establishing the separation date and the start of the divorce process. Also, the divorce petition’s date signifies the start of waiting periods which may be a divorce requirement.

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Divorce Settlement

Normally, divorce courts push divorcing couples to settlement as litigation between them antagonizes the parties, hurt the children and can cost them. Spouses who can settle the case through an agreement find this technique a way to accelerate the divorce reducing the stress on their kids and cutting costs. The decision to come up with a settlement will rely upon the spouses not on their divorce attorneys.

Divorce Trial

When the divorcing couples failed to reach an agreement, a trial will be scheduled by the court. During the trial, the spouses are expected to tell stories cross-examine the witnesses of the other spouse and call witnesses. A final decision will be made by a judge. Following the trial, the divorce will be resolved by issuance of a divorce decree.