Divorce Procedure

A couple files for the legal end of their marriage by following the divorce procedure. First, the couple decides if they have grounds for a divorce or not (fault or no-fault), then a petition or complaint is filed by one party, the plaintiff, with the courts. The other party (the respondent) will then be given a summons that notifies him or her of the intention of the plaintiff. The respondent can fight the divorce, accept the court date and proceed or counter-sue for divorce on his or her own grounds. Following the filing, each side will have to give any evidence to the other's attorneys in a procedure known as discovery. The attorneys which each try to work out a settlement that benefits their client best, at which point the two can agree or disagree to accept it. If no settlement can be reached, the case will go before a judge for a decision to be rendered. More and more couples are turning to a do-it-yourself divorce to keep their legal costs to a minimum. This only works when the two can work out details on their own and the documentation should still be reviewed by an attorney. Because so many divorces are filed, some counties may have waiting periods of beyond a year for a divorce to be finalized. If this is the case in your location, it might be in your best interest to resolve to find a fair and equitable agreement to avoid delay.

Fast Facts

  • A marriage can be ended in many ways, including dissolution, annulment, legal separation and, of course, divorce.

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  • Montana State Divorce Law

    Montana law requires those filing a Petition for Dissolution of Marriage in a District Court to be a resident ...
    • Site: divorcelawfirms.com
  • North Dakota State Divorce Law

    North Dakota requires those filing a Complaint for Divorce in the District Court to have lived in the state fo...
    • Site: divorcelawfirms.com
  • Virginia State Divorce Law

    In Vermont, a Complaint for Divorce can be filed if at least one party has been a resident of the state for 6 ...
    • Site: divorcelawfirms.com
  • Nebraska State Divorce Law

    In Nebraska, the law requires that at least one of the parties filing a Petition for Dissolution of Marriage i...
    • Site: divorcelawfirms.com
  • Colorado State Divorce Law

    In order to obtain a divorce in the state of Colorado, one of the parties must have been a resident of the sta...
    • Site: divorcelawfirms.com

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