A Divorce Timeline
When people decide to get a divorce, they usually don't know what to expect. Divorce is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. A general understanding of what's likely to happen can help you feel more comfortable at an uncomfortable time. The following chronology gives a general idea of how the average divorce proceeds. Your divorce may be a little different because of differences among state laws or because of specific issues between you and your spouse.
- To start off the divorce, one of the spouses gets a lawyer, who writes up a petition (also known as a complaint), a legal document that says why the spouse wants a divorce and how he or she wants to settle financial, custody, and other issues.
- The lawyer files the petition or complaint with the court.
- The lawyer or the court makes sure that the petition/complaint is served on the other spouse, together with a summons that requires that spouse's response.
- The served spouse has to answer within a certain time (usually about three weeks). The answer says whether or not the served spouse agrees with the petition/complaint. If he or she doesn't answer the petition/complaint, the court assumes that he or she agrees to its terms. The answer (also called a response) indicates how the served spouse would prefer to deal with divorce decisions.
- The couple exchanges documents and information on issues such as property and income. By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and alimony.
- Sometimes, the couple can voluntarily resolve all their issues through mediation or settlement. Some states require that divorcing couples go through this process.
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