Filing for Divorce Process, Petitions, and Settlement Alternative

While a divorce often begins many years before an official petition is filed when the couple’s relationship begins to break down, the legal process begins when one of the parties files a petition for divorce in family court. The terms vary from state to state, and each state has residency and Domicile requirements that the parties must meet, but a divorce begins with the petition.

Filing for Divorce Process

The fee for filing for a divorce often ranges from $100 to over $200 and must be accompanied by the appropriate divorce petition forms. That is only the beginning of the costs of divorce. However, the steps for filing a divorce are fairly straightforward:

Petition for divorce, which includes paying the divorce petition fee, filing divorce petition forms, and naming the grounds for divorce
Serving the other party with divorce papers
Response by the other party
Waiting period
Petition legal separation, which includes temporary orders for child custody, support, spousal support, and more, and must fulfill state requirements for a waiting period
Mediation, whenever possible, to settle out of court
Divorce court, where each spouse and their lawyers argue their case before a judge
Divorce decree

At any point after the petition for legal separation or petition for divorce the couple may reach an agreement that bypasses many of these steps.

Settling a Divorce

Settling a divorce can be a simple matter of the parties filing a joint divorce petition. That means that from the outset they have already agreed upon the key elements of the divorce, such as community property, child custody, child support, and spousal support. Both attorney and court time are shortened when the parties can file a joint divorce petition.

Divorce Process Legal Help

If that is impossible, it may be necessary to complete the multi-step divorce process and dispute those elements in court. If that is the case, it can be crucial to have an experienced divorce attorney to provide legal and emotional support through this difficult process.

Thinking About Divorce?