Divorce is one of those issues that often brings people into the legal system for the first time, but it is also a time when the individuals involved are most vulnerable. Divorce is rough, and the complexities of the legal system tend to make things even more convoluted for couples seeking to end their marriage. If a person was to base his or her perspective on the depictions presented in television and movies, divorce almost immediately jumps from filing the petition to trial. Actual divorce cases have a much different trajectory, with many intermediary steps that add time and complexity to these matters. However, understanding what the basic stages of divorce are should allow divorcing spouses to better cope with the demands of the legal process, particularly the time it takes to get things accomplished. A discussion of the stages of a divorce case, and how each impacts the final resolution of the matter, will follow below.

Filing the Petition

Either spouse may file for divorce, and the only difference being that the spouse filing the petition must pay the filing fee, which varies by county. These initial documents typically include:

• The petition asking for the marriage to be dissolved;
• An appearance, which lists who the spouse’s attorney will be; and
• A summons, which requests the appearance of the other spouse in court.

In addition, the spouse needs to decide whether to change his or her name, as well as discuss the need for a provisional hearing to address temporary orders, whether a restraining order is necessary, and other emergency issues.

Temporary Orders

If one spouse is dependent upon the other for financial support, or wants to request child custody/child support, temporary orders will be necessary to address these issues while the divorce is pending. In addition, a party can also ask for possession of marital property, typically the family home in many divorce cases. These requests are generally handled within a few days of filing, and remain in effect until a full hearing is held. These orders help maintain the status quo while the spouses are undergoing radical changes in living and income, and are important in contested divorces when time is needed to prepare, but some resolution on disputed issues is needed to move forward in the interim.

Gathering Information

This part of the divorce usually takes the longest to complete, and each spouse is obligated to share information with the other side. In other words, one party cannot hide information, and suddenly spring it on the other side at trial. Additionally, each spouse is required to do his or her own information gathering, which prevents one party from simply doing nothing and blocking the other spouse from obtaining this knowledge. To facilitate this disclosure, each spouse is required to submit a financial declaration, which lists assets, income, and expenses, which is then used as the basis for support and property division. Missing or omitted information can be grounds for fraud claims, which judges do not look kindly upon, and is almost guaranteed to impact negotiations and credibility. If additional information is needed beyond what is disclosed in the financial declaration, a spouse can request specific information through the discovery process.

Negotiation/Trial

Many couples, to avoid the uncertainty and time associated with a trial, will hash out their own divorce settlement through negotiation or mediation. These options give spouses control over the outcome of their case, and greatly reduce the overall cost of the proceedings. However, if a judge is needed to settle some or all outstanding issues, a final hearing will be held in which each side presents evidence and testimony. The judge uses this information to render a decision, which, on average, takes a few weeks to one month.

Executing Settlement/Wrap up

Finally, once the divorce is final, each spouse will likely have loose ends to tie up. Transferring title to property or allowing the other party to take possession of certain items is common, as well as the need to obtain a Qualified Domestic Relations Order to divide retirement assets.

Get Help

Divorce has many moving parts, and it is easy to overlook key aspects if someone is not familiar with the process. Christopher L. Arrington, P.C. has years of experience guiding clients through divorce, and will use his knowledge to help you obtain the best possible outcome. Contact the Danville office to schedule an appointment.