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The basic steps in a divorce are similar across the United States. Divorce laws, like marriage laws, are state matters, and each state has its own divorce statutes and procedures, but the process is pretty much the same everywhere in the U.S. It's a good idea to familiarize yourself with the process of divorce in your state before you begin. It is also very helpful to consult a divorce attorney, who can tell you more about what you can expect regarding your own specific circumstances.
1. One of the spouses (husband or wife) usually has an attorney write up a petition, the document that says that the spouse wants a divorce. In some states, this document is called the "complaint."
It is also possible to handle the divorce documents oneself ("pro se"), if the divorce situation is a very simple case.
2. The petition is filed with the family law court.
3. The lawyer who filed the petition has the document served on the other spouse, along with a summons that requires his or her response.
4. The spouse who was served needs to answer the petition within a certain time period (often, about three weeks). The answer (sometimes called a response) tells whether the served spouse agrees to the petition. If the spouse doesn’t answer, the court will assume that he or she agrees to the terms set out in the petition.
5. The spouses then exchange information and documents regarding their assets and debts, income, children if they have any, and other relevant matters. In some states and in some circumstances, the spouses are required to try mediation as an effort to settle their disagreements.
6. If the spouses reach an agreement, they sign a legally binding agreement document. If the judge approves of the agreement, a divorce decree will be issued. If the couple cannot reach an agreement, their divorce will go to a trial before a judge.
7. At a divorce trial, the spouses' lawyers present their arguments for their clients, and the judge will decide the unresolved matters regarding property, children, etc. A divorce decree is issued that gives the details set forth by the judge.
8. After the divorce decree, a party to the divorce has the right to appeal the decision.
The entire divorce process can take anywhere from a couple of months to several years. The process is shorter when the spouses agree on all terms. If one spouse cannot be located, a divorce can still be obtained.
Consult a Divorce Attorney in Your State
Having a knowledgeable divorce lawyer on your side throughout this process is very helpful. Contact a divorce lawyer near you today.