What Happens in a Divorce?
If you are going through a divorce or you plan on getting a divorce in the near future, it will help you to understand exactly what happens in a divorce. Being prepared for what happens in a divorce will help you get through the process and help you make sure that you get everything you may be entitled to in the event of a divorce. The following is a step by step guide to what happens during an ordinary divorce proceeding.
Step One: A petition is filed
This is necessary whether one or both spouses want to get a divorce. The petition includes the grounds for divorce, which can vary depending on the district; for the most part, most modern divorce cases are due to no-fault grounds like irreconcilable differences between the spouses. Some states do still have fault grounds laws on the books, including adultery, so if you believe this may be the case you should consult with your lawyer.
Step Two: Any temporary orders are placed
If there are children in the marriage or one spouse in the divorce relies financially on the other, then temporary orders will be placed in regards to custody and financial support. For example, a stay at home spouse who relies on their spouse for financial support will need to get a temporary financial support order so that they can continue to pay their bills as well as a temporary custody order (and temporary child support order) for the children. These temporary orders will remain active until the divorce court hearing.
Step Three: The service of process is carried out
The proof of service of process must be filed by the person who is filing for divorce. Ideally, these will be served in a civil manner, typically through the other party’s attorney rather than through more dramatic means such as having the papers served at the other spouse’s workplace.
Step Four: The other party responds to the service of process
The person who received the service of process will now need to respond to the process petition. During this step, they can dispute the grounds for divorce if applicable; or they can dispute elements in the divorce such as financial support, child custody, division of property, and so on.
Step Five: Negotiations
In the case where both parties do not completely agree on all elements related to the divorce, they will need to negotiate. This may be done through settlement conferences or mediation. Negotiations are typically held on elements such as child custody, child support, spousal support and property division.
Step Six: Trial (If Applicable)
If the divorcing parties cannot resolve their issues through mediation, then the divorce case will need to go to trial.
Step Seven: Order of Dissolution
Whether the case has gone to trial or not, the final step is the official order of dissolution. This order legally ends the marriage and legally lays out the issues negotiated or ordered during the proceedings, such as child support, financial support and more.
If you or someone you know is in need of a divorce lawyer or legal team that truly cares, contact Sidhu Lawyers today. Our team is here to help you through the legal process, inform you of your rights, and help provide you with the fair outcome possible.