A Divorce Timeline

The experience of going through a divorce can be a very difficult. We believe one thing that can make life easier for you is understanding what to expect every step of the way.

A divorce is a complicated legal process, which can be filled with lots of unpleasant surprises and frustrating delays. A general understanding of what's likely to happen can help you feel more comfortable at an uncomfortable time. Every divorce is different but to give you a general sense of what to expect please review the timeline below. Many things can affect the chronology of a divorce. Differences between state laws or because of specific issues between you and your spouse all contribute to each step of a divorce. Consult an experienced family law attorney from Bradshaw & Associates for more information regarding your divorce.

1. The divorce begins with one of the spouses attaining a lawyer. The lawyer will then write up a petition, also known as a complaint. A complaint is a legal document that says why the spouse wants a divorce and how he or she wants to settle financial, custody, and other issues.

 2.   The lawyer will then file the petition or complaint with the court.

3. The lawyer or the court then ensures that the petition/complaint is served on the other spouse, together with a summons that requires that spouse's reply.

4. The served spouse must answer within a certain time (typically about thirty days). The answer states whether or not the served spouse agrees with the petition/complaint. If he or she does not respond to the petition/complaint, the court assumes that he or she agrees to its terms. The answer, or response, indicates how the served spouse would prefer to deal with divorce decisions.

5. An exchange of documents and information on issues such as property and income begins between the couple. Through examination of this information, the couple and the court are able to decide how to divide up property and how to arrange for child support and spousal support.

6. Occasionally, the couple is able to voluntarily resolve all their issues through mediation or settlement. Some states require that divorcing couples go through this process.

7. If a settlement is reached, the settlement agreement is revealed to a judge at an informal hearing. The judge will ask a few basic factual questions and whether each party understands and will choose to sign the agreement.

8. If the agreement is approved by the judge, the couple will receive a divorce decree that details the terms of what they have agreed to. If the judge or the couple does not reach an agreement, the case will go to trial.

9. During a trial attorneys present evidence and arguments for each side, and the judge settles on the unresolved issues, including child custody and visitation, child and spousal support, and property division. Once the judge has reached his or her decision, the judge grants the divorce.

10. Either or both spouses can appeal a judge's decision to a higher court. It is unusual for an appeals court to overturn a judge's      decision, but it has been know to happen. Also, remember that settlements usually cannot be appealed if both spouses agree to their terms.

It's hard to predict how long each of these steps will take for each and every case. The entire process can vary, taking from as little as a few months, to as long as several years. Generally speaking, the more the couple can cooperate and agree to reasonable compromises, the easier and faster the divorce will go. Please call Bradshaw & Associates to schedule a free initial consultation with one of our attorneys.