Ever wonder what happens when you file for divorce?
Around 41% of first marriages end in divorce in the United States. That’s a staggering number when you think about it.
You’re dealing with a difficult situation, the relationship is beyond repair, and filing for divorce seems like the only option. The problem is you have no idea what that process entails.
You feel like it’s going to be too much work, take too long, or cost too much money. There’s no way to know if it’s the right decision or not.
Until you understand what’s involved in the legal process.
This article breaks down what happens when you file for divorce. Understanding the step-by-step process helps make the best possible decision for your situation.
Ready to learn what happens when you file for divorce?
Here’s What You’ll Discover
- Why Filing for Divorce Might Be Your Best Option
- The Step-By-Step Legal Process
- How Long Does a Divorce Take?
Why Filing for Divorce Might Be Your Best Option
The vast majority of divorce cases settle before they ever set foot in a courtroom.
But there are times when one party won’t budge. They refuse to offer fair terms. That’s when you need assistance with divorce from experienced legal professionals to protect your rights and fight for the outcome you deserve.
Picture this…
Some situations require legal intervention to resolve fairly. Without proper guidance navigating the complexities of divorce law, things can get complicated quickly.
If you don’t have someone with your back?
You’re going to get screwed.
It’s a fact that the statistics prove. People with legal representation receive better outcomes. The difference in results speaks for itself.
When Should You Consider Filing for Divorce?
If the situation requires legal intervention, it’s time to consider filing for divorce. Some of the most common situations include:
- One party denies reasonable requests outright
- They offer terms that fall far short of what’s fair
- They refuse to negotiate in good faith and are just dragging their feet
- The complexity of assets requires court intervention for fair division
Here’s what most people don’t know though…
Filing for divorce doesn’t mean settlement negotiations are off the table. You can still settle your case at any point during the legal process, even after filing. Most cases do end up settling.
Filing just adds more structure to the process.
Before going any further though, there’s one more thing to understand.
Residency requirements.
Every state has residency requirements for filing for divorce. This is the requirement for filing your case. Miss this requirement, and you can’t file in that jurisdiction.
Most states require six months of residency. But some states are more generous, and some are stricter. Requirements vary significantly from state to state.
This is why you must understand timing. Waiting too long or acting too quickly could complicate your ability to seek the best outcome.
The Step-By-Step Legal Process
Let’s go through the step-by-step process of what happens when you file for divorce…
Filing the Petition
Filing the petition is where it all starts.
Your attorney will file a document with the court formally starting the divorce. The petition lays out the marriage information, grounds for divorce, and what you’re seeking in terms of custody, support, and property division.
After filing the petition, your attorney needs to serve the respondent. This means they are officially provided with a copy of the divorce papers. The respondent typically has 30 days from being served to file their response with the court.
Discovery
Discovery is where things really get started.
Discovery is the pre-trial phase where both sides exchange information and evidence. This is the meat of your case. It’s where you and your attorney gather as much proof as possible to support your position.
Here’s what happens during the discovery process:
- Your attorney sends written questions (interrogatories) that the other side must answer under oath.
- Both parties send written requests for documents (financial records, tax returns, bank statements, etc.).
- Depositions take place where witnesses give sworn testimony under questioning.
Discovery is often the longest part of the divorce, taking six months to a year or more.
Settlement Negotiations
Settlement negotiations often take place throughout and after the discovery phase.
This is because as the evidence becomes clear, it becomes apparent who has the stronger case. If evidence clearly supports one party’s position, they know they have leverage at trial.
At this point, settlement negotiations become serious.
Your attorney and the other party will begin negotiating to reach a fair settlement. Contested divorces that settle take an average of 13 months to finalize, though this varies depending on complexity.
Mediation
Mediation is the next step in many cases before they can go to trial.
This is a process where the parties meet with a neutral third party who tries to help them reach a settlement. The court usually requires it before scheduling a trial. Mediation often takes place 9 to 18 months after the divorce is filed.
If a settlement can’t be reached in mediation, your case proceeds to trial.
Trial
Only about 3% to 5% of divorce cases actually go to trial.
But if your case is one of them, here’s what to expect:
- Opening statements by both attorneys
- Your attorney presents evidence and calls witnesses to testify
- Each witness is questioned by your attorney and then by the opposing attorney
- The other party presents their case
- Closing arguments
- Judge deliberation
Trials can last from a few days to several weeks depending on your case’s complexity.
How Long Does Everything Take?
The question everyone wants to know the answer to.
“How long will the divorce take?”
The honest answer is that it depends.
Cases can take as little as 6 to 9 months in the simplest of situations. Complex cases can take years.
On average, divorces last 12 to 18 months from start to finish.
Several things impact how long your case will take:
- The complexity of assets and custody issues will affect the timeline as you can’t settle until you know the full extent of matters involved.
- Whether custody is contested can also drag out the process significantly if the other party fights at every turn.
- The willingness of both parties to negotiate in good faith will also play a role in speeding things up or holding them up.
One thing to keep in mind though.
Time isn’t the objective.
The goal is to get you the outcome needed to move forward properly, even if it takes time.
The Bottom Line
Filing for divorce is not a decision to be made lightly, but it is sometimes the only way to get the resolution you deserve.
The legal process is very formulaic from filing the petition to the discovery phase, settlement negotiations, and, in some cases, trial. It can take time, but experienced legal representation drastically increases chances of success.
A few key takeaways:
Don’t wait and miss your state’s residency requirements or waiting periods. Most cases settle before trial, so don’t assume filing is signing up for years of court battles. Having an attorney on your side means your outcome will be significantly better.
Don’t let difficult situations overwhelm you. If you’re not getting fair terms, filing for divorce might be exactly what you need.