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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  • Divorce Dictionary

    A B C D E F G H I J L M N O P Q R S T
    • Site: divorcenet.com
  • Divorce In Florida

    CAN YOUR MARRIAGE BE SAVED? Before you take any legal steps to end your marriage, you should make sure that yo...
    • Site: divorcenet.com
    • 4 of 4 user(s) found this useful
  • Divorce Checklist and FAQ's

    Florida Divorce Checklist Here's a checklist of common issues involved in divorces in Florida that may help y...
    • Site: divorcenet.com
    • 2 of 2 user(s) found this useful
  • Divorce and Child Custody Frequently Asked Questions A Legal Guidebook

    INTRODUCTION Divorce is both an emotional and a legal process. Your attorney will work closely with you to a...
    • Site: divorcenet.com
  • Illinois General Divorce Information FAQ's

    1. Does it matter who files first? It does not typically matter who is the first to file a case. The person w...
    • Site: divorcenet.com
    • 3 of 3 user(s) found this useful

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