Divorce is never fun. On top of all the emotions that come with it, there are a lot of legal and financial matters that both spouses need to settle.
Short-term marriages that involve less property and no children typically result in an easier divorce process than long-term marriages that involve a lot of shared property, marital debt, and children.
That said, most divorces follow a general process that takes an average of 12 months from beginning to end (or 18 months if the divorce goes to trial). Here’s what it looks like:
1. Filing the divorce petition
Whether both spouses agree to the divorce or not, one of them must file a petition for the divorce in the state and county in which they legally reside. Where the marriage happened doesn’t matter.
The divorce petition includes important information about the marriage, including the following:
- The names of the husband, wife, and any children.
- A statement confirming that at least one spouse meets the state’s residency requirements (usually living in the state anywhere from 3 to 12 months and in the county for anywhere from 10 days to 6 months).
- The grounds for divorce. All states allow no-fault divorces, in which you don’t need to give a reason for the divorce beyond irreconcilable differences or a breakdown of the marriage. In contrast, at-fault grounds for divorce can include adultery, neglect, abuse, criminal convictions, infertility, impotence, and more.
- Any other statutory information required by the state, like whether the couple own separate or community property.
2. Requesting temporary court orders
Since a divorce can take months to finalize, you may choose to request a temporary court order to determine in the meantime things like child custody, child support, or spousal support. Some temporary court orders include restraining orders to protect marital estate and property.
The temporary order remains in force until the court orders otherwise or the divorce is finalized.
3. Serving your spouse the divorce papers
Next, you must serve your spouse with the divorce papers (the petition). If your spouse is evasive or difficult to locate, you can hire a professional process server to deliver the papers for you.
Your spouse will then need to respond within a specificed time frame (usually 30 days) with an acknowledgement of receipt. This kicks off the waiting period. They may also choose to disagree with information within the petition.
If the non-filing spouse never responds to the petition, this will trigger a “default” judgment, which can be complicated and expensive to reverse.
4. Filing proof of service
Once you’ve served your spouse the divorce papers, you need to file proof of service. This is a document that simply tells the court you gave your spouse a copy of the divorce petition.
If you don’t file proof of service, the judge can’t proceed with your case.
5. Negotiating a settlement
From here, both spouses can agree on the terms of the divorce (like child custody, child support, spousal support, and property division) and then wait for the divorce to be finalized.
If they can’t come to an agreement on their own, they may opt to go through mediation (sometimes even required by the state) or be ordered to go to a settlement conference, in which both spouses and their lawyers discuss the case to work out an agreement.
6. Going to trial if necessary
If negotiations fail, the case will go to trial, which can be expensive and less predictable. At this point, you’re leaving the terms of the divorce up to a judge or jury who will weigh all the evidence and then make a final decision based on it.
7. Finalizing the judgment
Ultimately, the judge will sign a judgment of divorce (aka an order of dissolution). This officially ends the marriage and specifies how property will be allocated, how custodial responsibilities will be divided, and whether one spouse must pay any child or spousal support.
The botton line
That’s how divorces work in a nutshell. Obviously, it can be emotionally, mentally, and financially taxing when you’re going in the thick of it. So it’s best to hire an experienced family law attorney who can help you through this often difficult process.
