Divorce Proceedings

Divorce proceedings vary in complexity by state and by the circumstances of the couple involved. Most states do offer a simplified process for couples who both consent to the divorce and are willing to reach an agreement without litigation. A typical divorce in many states includes the following procedures: one spouse files a petition to initiate the divorce and states the reason (usually incompatibility). This begins the mandatory waiting period for states that require it. The other party in the divorce must be notified as soon as possible. A temporary order may be created to determine how finances and child custody will be handled while the divorce is pending. This can be agreed upon voluntarily by the parents or decided by the court. At the end of the waiting period, the couple has either reached a final settlement agreement or chosen to go to court to resolve their differences. If they have agreed on terms, the divorce can be finalized quickly. In contrast, a trial may go on for some time before a divorce decree is issued. Child custody and support may change over time with further negotiations.

Fast Facts

  • The average divorce takes about 1 year.
  • Mediation can be used to resolve differences without going to court.
  • Property division decisions are usually final and cannot be changed later.

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