Divorce how does it work

If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney's office. The party who receives the paperwork usually titled "defendant" or "respondent" must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a "default" judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce if a fault divorce , the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues.

In cases where the parties have differing opinions on important topics, like child custody , support , or property division, both spouses will need to work together to reach an agreement.

Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation , while others do not.

However, mediation often saves significant time and money during the divorce process, so it's often a good route for many divorcing couples. Sometimes negotiations fail despite each spouse's best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial.

A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it's best to avoid a trial if possible.

Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce or "order of dissolution" ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts.

If the parties negotiated a settlement, the filing spouse's attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Home Legal Information Family Divorce. The only ground reason for divorce is that your marriage has irretrievably broken down. Irretrievably means the marriage has broken down permanently and cannot be fixed. To prove that your marriage has broken down irretrievably, you must state one of five facts in your divorce petition:.

Adultery — your husband has committed adultery with another woman or your wife has committed adultery with a man. Adultery is sexual intercourse between a married person and a person of the opposite sex who is not their spouse. If your husband or wife admits to adultery and agrees to the divorce proceedings, the divorce is likely to be accepted by the court.

If your spouse does not admit to committing adultery you will need to provide the court with evidence of the adultery. In addition to the adultery, you must also prove that you find it intolerable to live with your spouse, either because of the adultery or because of some other behaviour. Intolerable means that you cannot bear to be in the marriage any longer. If you continue to live with your husband or wife for 6 months after you find out about their adultery, then you cannot use that incident of adultery as the reason to divorce.

However, if you do so you will have to send the divorce papers to that person as well as to your spouse. This will cause additional expense and delay if they do not co-operate. Unreasonable behaviour — your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them. Unreasonable behaviour can include a wide range of behaviour from domestic violence to withholding love and affection.

It may be helpful to include the first, the worst and the most recent incident of the unreasonable behaviour during the marriage. If you continue to live as a couple for 6 months after the last incident of unreasonable behaviour, it may be harder to prove to the court that you cannot reasonably be expected to live with your spouse. You need to show that your spouse left you in order to end your relationship, without your agreement and without a good reason, for at least two years.

This is difficult to prove so it is very unusual to use this fact. Two years separation with consent — you and your spouse have been separated for a continuous period of two years and you both agree to the divorce.

You need not necessarily have lived in separate homes but you need to have had separate lives, for example, eating and doing domestic chores separately and sleeping in different rooms. Your spouse must agree to the divorce on the basis that you have been separated for a continuous period of two years. It is a good idea to check whether your spouse will agree before sending your divorce petition to the court.

Five years separation — you and your spouse have been separated for a continuous period of five years. If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship. How much will it cost? If you are on a low income the court may waive or reduce the fee if you complete an Application for a fee Remission form EX This form is available from your local County Court or can be downloaded from www.

Many law firms now offer a fixed fee for divorces. Legal aid is not usually available for divorce. See our legal guides Family Court proceedings: where can I get advice and support? You will need to decide whether you wish to include a claim for your legal costs in your divorce petition. The court may order that your spouse should pay all or some of your costs, or you might be able to agree to share the costs between you.

The application process To apply for divorce you must complete a divorce petition Form D8 , setting out details of your marriage and of the fact you are relying on see Grounds for divorce above. You can get a petition form and Notes for Guidance from your local County Court or from www.

On the last page of the petition it asks if you intend to make a financial claim against your spouse. It is advisable to tick all the financial claims you could possibly wish to make in future, or you may later be prevented from doing so.

If you want to make a financial claim see our legal guide A guide to financial arrangements after marriage breakdown. The forms are designed to be completed without needing a solicitor, but you should seek advice from a solicitor or our legal advice line if possible. Once the forms are complete you can start the divorce process by issuing the petition. The same may hold true if you retain the services of a mediator which is sometimes ordered by a judge in some divorces.

Fully contested divorces where the spouses are in dispute about many things are the costliest of all divorces. If the assets are considerable, outside experts may need to be brought in, negotiations can take months, and legal bills can be considerable. Looking for more great tips to help you get through divorce? Here are a few of our favorite guides and resources:.

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

You can email him at jason survivedivorce. How Does Divorce Work? Survive Divorce is reader-supported. Some links may be from our sponsors. What is the Process of Getting a Divorce? The other big variable is if a couple can agree on all the terms of a divorce agreement. Typically, judges take about two weeks following a trial to render a decision. If you find mistakes, you should request that they be corrected.

Every divorce is unique, so there is no simple answer to this question. There are many factors that will impact the length of time. Believe it or not, in some cases, the answer can be pretty close to zero. In other cases, a divorce can easily cost six figures or more. Again, it depends on your individual circumstances. What is a Contested Divorce? What is a Marital Settlement Agreement? A Guide to Cryptocurrency and Divorce.