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Divorce Chronology

How many steps are involved in the divorce process?
Unfortunately, divorce isn't always a quick-and-easy legal division. The rapidity and ease of a divorce rely on several factors, and small snags can mean extra litigation down the line. Your current relationship with your spouse, the length of time you've been married, the presence or absence of children in the marriage, and even the state you live in can all affect your ability to get a quick divorce. Although the divorce process does vary with each unique case, the chronology below can give you a general idea of what to expect.

• Part 1: Filing your complaint.
  During this initial part of the divorce process, one spouse will draft a petition ("complaint") that explains why she/he wants the divorce and how she/he would like to settle the legal and physical custody, financial, and other issues involved. The lawyer then files the petition with the Court, serves the complaint to the other spouse, and delivers a summons requiring that spouse to respond.
• Part 2: Responding to the complaint.
  After your lawyer serves your spouse with a summons, that spouse will be given a few weeks to respond to the complaint. If the spouse fails to respond within the designated time period, many states will consider that lack of response to be an agreement to the petition's terms. However, if a response is given, the responding spouse can choose to either (a) agree with the entirety of the complaint or (b) include modifications to the proposed complaint, which will be resolved in the next step.
• Part 3: Mediation and document exchange.
  Document exchange takes place after a spouse responds to the initial complaint, and refers to a process where couples exchange divorce papers and information regarding various aspects of the divorce (property, income, etc.). This can be one of the most difficult stages of a divorce, especially when a couple can't come to an agreement. Some couples will decide to resolve their differences by going through a mediation process, and certain states legally require mediation to take place before a settlement is considered. Prenuptial agreements are taken into account at this time.
• Part 4: Settlements.
  A settlement occurs once both parties come to a spousal agreement regarding the terms of their divorce. This agreement is then taken to an informal hearing, where a judge can then issue a decree. Your judge will generally ask a few questions about the divorce agreement you've come to, ensuring that the couple understands exactly what they are agreeing to. Both spouses and their lawyers should be present.
• Part 5: Issuing the divorce decree.
  The judge's decree is his or her decision to either approve the current divorce agreement or, in the case of an unfair decree or a lack of decree (a couple that cannot reach any agreement whatsoever), the judge will order a trial.
• Part 6: Trials.
  When two spouses cannot come to an agreement about the terms of their divorce, a trial will take place. Attorneys representing both sides will present their arguments, with each attorney fighting for a particular "reading" of the agreement. Once both readings of the agreement have been presented, the judge will decide the outcome of the divorce agreement, finally granting the couple their divorce.
• Part 7: Appeals court.
  If one or both spouses disagree with the outcome of the divorce trial, they may be able to appeal the judge's decision to an appeals court. However, it is very unlikely that the appeals court will overturn a judge's decision-such courts are inclined to trust the judge's ruling.

Does my divorce require an attorney's assistance?
It's never a bad idea to consult with a qualified divorce lawyer before beginning the divorce process. Even if you expect to proceed with an uncontested divorce and do it yourself, it can be wise keep legal help on hand-just in case. If you do decide to retain a lawyer, they can be an enormous help in drafting your initial complaint (or answer, if your spouse has initiated the divorce). In the case of a contested divorce, they can also help you with the exchange of documents, settlement, mediation, trial, and other legal issues.