The procedure for divorce varies by state, but there are general steps that can be followed as a guide. Here is a step-by-step guide to the divorce process:
- Divide petition : One spouse, known as the petitioner, files a divorce petition in the county where they reside or where the marriage was celebrated. The petition must state that the marriage is "irretrievably broken"
- Serve the divorce petition : The petition must be served on the other spouse, known as the respondent. This is done to ensure that the respondent is aware of the petition and has an opportunity to respond
- File the response : The respondent can choose to file a response to the petition, stating their position regarding the divorce. This is not always required, but it can help protect their interests in the divorce proceeding
- Discovery : Both spouses may be required to disclose their financial details, including assets and debts, to each other. This information helps both parties understand each other's financial situation and make informed decisions about property division and support
- Mediation : In many cases, mediation is required to help spouses reach an agreement on undecided issues, such as property division, child custody, and support
- Trial : If negotiations fail, the court may hold a trial where both sides present evidence and call witnesses to support their claims regarding child custody, financial support, property division, and other divorce-related matters. The court considers all the evidence and testimony and renders a final and binding decision
- Finalize the judgment : The final step in the divorce process is when the judge signs the judgment of divorce, also called an order of dissolution. This document legally ends the marriage and specifies the details regarding custodial responsibility, parenting time, child and spousal support, and the division of assets and debts
Keep in mind that the specific steps and requirements may vary depending on the state and the circumstances of the couple. It is essential to consult with a divorce attorney to understand the process and ensure that all necessary steps are taken to finalize the divorce.
