Steps to Filing for Divorce
Divorce laws can vary from state to state, but there are some basic steps when filing for divorce. The Edelsteins, Faegenburg & Brown LLP law firm explains the steps involved in filing for divorce in
1. Meet with a Divorce Lawyer
Once you have chosen a divorce attorney, you will need to give him/her details about why you are filing for divorce. You will also need to provide documentation regarding your children, real estate, other assets, incurred debts, and other information pertinent to your divorce.
2. Petition for Divorce Served to your Spouse
Once your lawyer has all of the information he/she needs, a divorce petition will be drawn by your lawyer and filed with the courts. The courts will then serve the petition to your spouse. If your spouse cannot be located, an announcement will be placed in the newspaper.
3. Response to Petition
In most states, the laws give your spouse 30 days to respond to a divorce petition. If your spouse does not respond, then you may be given a default judgment for the divorce.
4. Discovery Process
During the discovery process, spouses exchange information needed for the divorce to precede. This will include documents on income, child care, schooling for your child, and any assets you and your spouse may have. During the discovery process, you or your spouse may be entitled to temporary payments for child support or spousal support/alimony.
5. Settlement Procedures
Spouses are encouraged to reach an agreed settlement before the scheduled final court date. In some cases, judges may require couples to go thru the mediation process. If no agreement can be reached, then your case will go on to divorce court.
6. Trial, Post-trial Motions, and Appeals
During your trial, each side will present his/her case. This will include testimony, evidence, and witnesses. Once everything has been presented, the judge will then make any final decisions in regards to a settlement.
Once the trial is over, each spouse is entitled to make any post-trial motions in regards to the final settlement within 30 days. The other spouse has another 30 days after the post-trial motion has been made to respond.
If the post-trial motion has been denied, then the case may be appealed. If there is a reversal, the case will go back to the divorce court. An affirmation by the appellate court finalizes the divorce.
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