What is the Divorce Process?

A divorce may require the following steps:

One spouse, called the Petitioner, files an Original Petition for Divorce with the court, and has the papers personally served on (delivered to) the other spouse, who’s referred to as the Respondent.  If the spouses are working together toward settlement from the beginning, which saves on cost and on conflict, the Respondent can sign a waiver giving up the right to be personally served with the papers.

At the time of filing, the Petitioner can request that the court issue a standard Temporary Restraining Order (or an extraordinary order, if circumstances warrant).  The order basically freezes the status quo.  It requires that no assets disappear before they can be divided by the court, requires that the spouses act civilly toward each other and not threaten or harass each other, steal each other’s cars or mail, cut off each other’s utilities, credit cards or insurance, or hide the children from each other.

If no Temporary Restraining Order is issued, the Respondent has 20 days plus the next following Monday to file a document called an Answer.  If a Temporary Restraining Order was issued, the court must schedule a hearing within 14 days of issuance.  At that time, the court will make the Temporary Restraining Order into a temporary injunction against both parties.  Commonly, the court will also consider temporary orders, which will be in effect while the divorce is pending.  Temporary orders usually involve temporary custody, visitation, and support of the children, and temporary use of property and servicing of debt.  It can include temporary spousal support and the payment of interim attorney’s fees as well.

If the spouses need further information from the other spouse, they then engage in discovery, which is the process by which they exchange information and documents.  They may submit written questions (interrogatories) to each other, make requests for admissions (true/false statements), request documents, and take depositions (oral questioning under oath).

The spouses discuss settlement of the case, either directly or with the help of attorneys or mediators.  If they can work out an agreement on everything, one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all of the terms of the agreement.  The spouses and their attorneys sign it, and eventually the judge does as well.

If the spouses are not able to agree on all of the issues in the case, a trial date will likely be set.

Before trial, spouses are required to attempt mediation.  Mediation is an informal process allowing the divorcing couple to work with a neutral third party (the mediator) to negotiate and settle all terms of their conflict.  All communications (with very limited exception) made during the mediation process are protected by rules of confidentiality and cannot be used at trial.  

If mediation fails, the case goes to trial.  At the conclusion of the trial, one of the attorneys will prepare a Final Decree of Divorce to present to the judge for signature.  This will contain all of the court’s rulings and will resolve all issues pertaining to the divorce, and is binding on the parties going forward.