Divorce marks the legal end of a marriage, but the process involves far more than simply declaring a relationship over. From filing the initial petition through the final decree, divorce proceedings address property division, child custody, support obligations, and numerous other issues that shape both parties' lives going forward. Understanding the divorce process helps you navigate this challenging transition more effectively.
Beginning the Divorce Process
Divorce begins when one spouse files a petition with the court, identifying grounds for divorce and outlining requests regarding property, custody, and support. The filing spouse becomes the petitioner, while the other becomes the respondent. After filing, the petition must be formally served on the respondent, who then has a specified period to file a response.
Residency requirements determine where you can file for divorce. Most states require at least one spouse to have resided in the state for a specified period, often six months to a year. Filing in the wrong court wastes time and money, so confirming you meet residency requirements before filing is important.
Grounds for Divorce
Every state now allows no-fault divorce, meaning you can end your marriage without proving your spouse did something wrong. No-fault grounds typically require showing the marriage is irretrievably broken or that irreconcilable differences exist. This approach simplifies proceedings and reduces conflict compared to fault-based divorces.
Some states still allow fault-based grounds including adultery, abandonment, cruelty, or substance abuse. Fault grounds may affect property division or support in some jurisdictions, potentially providing tactical advantages. However, proving fault requires evidence and typically increases litigation costs and emotional difficulty.
The Discovery Phase
Discovery allows both parties to gather information needed to resolve contested issues. Financial discovery is particularly important, as accurate property division and support calculations require complete information about income, assets, and debts. Requests for documents, written questions called interrogatories, and depositions where parties answer questions under oath are common discovery tools.
Full financial disclosure is legally required in divorce proceedings. Hiding assets or income can result in severe penalties including adverse rulings, sanctions, and even criminal charges. Both parties must provide honest, complete information regardless of how disadvantageous disclosure might seem.
Reaching Resolution
Most divorces settle without trial through negotiation, mediation, or collaborative divorce processes. Settlement gives both parties more control over outcomes and typically costs less than litigation. Mediation involves a neutral third party helping spouses negotiate agreements, while collaborative divorce engages specially trained attorneys committed to resolving matters without court intervention.
When settlement fails, contested issues proceed to trial where a judge decides. Trials involve evidence presentation, witness testimony, and legal arguments. Judges apply state law to divide property, establish custody arrangements, and set support amounts, often resulting in outcomes neither party would have chosen through settlement.
Finalizing the Divorce
Once all issues are resolved through agreement or judicial decision, the court enters a final divorce decree that legally ends the marriage. The decree incorporates settlement agreements or trial rulings regarding property division, custody, support, and other matters. This document governs the parties' ongoing obligations and can be enforced through contempt proceedings if violated.
Post-divorce modifications may be possible when circumstances substantially change. Custody and support orders can often be modified, while property divisions are typically final absent fraud or other exceptional circumstances.