How It Works
Step One: Filing the Complaint
When divorce proceedings begin, one party files a complaint with the court. The complaint outlines the grounds for divorce and includes requests for dividing property, alimony, child custody, and child support. During this stage, the party receiving the complaint has a chance to respond by agreeing or disagreeing with the allegations in the complaint and by filing their own requests upon divorce.
Step Two: Temporary Motions
Sometimes included with the complaint, or filed soon thereafter, are motions that ask the court to issue temporary orders on some urgent or pressing matter. Temporary orders remain in effect while a case is pending until a final resolution can be reached through negotiation, mediation, or trial.
While temporary orders are designed to provide relief, they can also significantly increase attorney’s fees and could leave unfavorable impressions on the court. For these reasons, such motions, and attempts to resolve issues amicably, should be handled seriously.
Step Three: Discovery
Discovery is a somewhat painstaking process by which both parties exchange information related to income, liabilities, assets, and more. This process is time-consuming but ensures both parties have a clear understanding of the marital estate when making informed decisions during negotiations or court proceedings.
Step Four: Negotiations
Most often, parties reach an agreement that resolves all issues related to the divorce. When parties struggle to agree, settlement is usually facilitated through various court dates with the help of attorneys, court staff, or the judge.
Parties generally prefer to settle because an agreement gives them more certainty and control over the outcome of the case. If the parties do not decide on their future, a court will.
Settlement also saves substantial time and money. The time and expense necessary to prepare for trial far outweighs—easily by thousands of dollars—the time and expense associated with negotiating and drafting a separation agreement.
Not to mention, parties typically find that the emotional stamina required to withstand a contentious courtroom can take a toll on the health and well-being of you and your child(ren).
Overall, settlement offers parties the opportunity to resolve their disputes on terms that are mutually acceptable.
Step Five: Trial
When parties cannot settle, the matter will go to trial. Fewer than 5% of all divorces go to trial.
At trial, parties will present evidence, witnesses, and arguments in support of their position. A trial may span from a few hours to a few weeks depending on the number and complexity of issues presented.
At its conclusion, the judge will render a decision on all unresolved matters, and that decision will be final unless challenged in a higher court.