The Divorce Process

Married couples have three alternatives when they wish to terminate their marriage. Dissolution (Divorce), nullity and legal separation are all available and each offers different benefits. In addition a UCCJEA form must be submitted if This document is meant only to give a brief overview of the divorce process and is not intended to be legal advice.

1. FILE A PETITION: One spouse files a petition for divorce with the court. There is a filing fee of approx. $300 for filing the petition and summons with the court. In addition a UCCJEA form must be filed if the marriage involves children. Then those documents must then be served to the other party.

1a. Effects of filing and serving petition:
i. Begins the waiting period. A divorce cannot be finalized until 6 months and 1 day after the initial service.
ii. sets in place numerous restraining orders for both parties.

2. FILE A RESPONSE: The other spouse files a response to the petition. This also involves a filing fee of approx. $300.00

3. DISCOVERY PHASE: Both parties exchange documents including property and income statements. Depending on need discovery may include depositions and other fact finding instruments.

4. TEMPORARY ORDERS: Temporary orders regarding child custody, child support and spousal support should be in place during the divorce proceedings. The parties may either reach a private agreement or ask the court to make temporary orders regarding each issue.

5. PREPARE FOR TRIAL: One party will set a date for trial. This will also include a mandatory Settlement Conference for the parties to negotiate as many of the terms as possible. If all the terms can be agreed upon a Marital Settlement Agreement can be drafted and the divorce will be finalized after the waiting period.

6. TRIAL: At trial attorneys will present evidence and arguments. The judge will make orders regarding all unresolved issues. The judgment will be prepared and approved and divorce will be finalized after the waiting period has passed.

7. SUBSEQUENT MODIFICATIONS: In real life things change and one party may file for a modification.