Going through a divorce can feel overwhelming, but understanding the legal process can help you navigate this difficult time with more confidence. Here’s a comprehensive guide to how divorce typically works in the United States.
The Divorce Process: Key Steps
1. Deciding to Divorce
Before filing, consider:
- Whether divorce is the right choice (vs. separation or counseling)
- If you meet your state’s residency requirements
- If you and your spouse can cooperate (contested vs. uncontested divorce)
2. Filing the Petition
The legal process begins when one spouse (the petitioner) files:
- A divorce petition/complaint with the local court
- Required forms (varies by state)
- Filing fees (typically 150−150−500, may be waived for low-income filers)
3. Serving Your Spouse
After filing:
- Your spouse must be formally served with divorce papers
- They typically have 20-30 days to respond (varies by state)
- If they don’t respond, you may get a default judgment
4. Temporary Orders
During the divorce process, courts can issue orders for:
- Child custody and support
- Spousal support (alimony)
- Who stays in the marital home
- Financial restraints
5. Discovery Process
Both spouses exchange information about:
- Assets and debts
- Income and expenses
- Other relevant financial documents
6. Negotiation & Settlement
Most cases settle out of court through:
- Mediation (neutral third party helps negotiate)
- Collaborative divorce (each spouse has their own attorney)
- Informal settlement negotiations
7. Trial (If Necessary)
If you can’t agree, a judge will decide:
- Division of property
- Child custody and support
- Spousal support
- Any other contested issues
8. Final Judgment
Once all issues are resolved:
- The judge signs the divorce decree
- The decree becomes effective immediately or after a waiting period
- Both parties must comply with the court’s orders
- Average divorce takes about 1 year
Protecting Yourself During Divorce
- Gather financial documents
- Open a separate bank account
- Consider credit monitoring
- Don’t make major financial decisions without legal advice
