Divorce can be a taxing ordeal with emotional, financial, and legal implications. Moreover, it involves more than just agreeing with your partner to go separate ways.
In legal terms, divorce litigation involves different aspects about the relationship. It’s common among individuals who can’t agree on terms of their divorce.
But you might be wondering, what steps should you take to get through it? Here’s a look at the divorce litigation timeline.
Step 1: Filing a Petition
Divorce lawsuit steps usually start when one spouse files a petition. This is like a formal declaration to the court and the other spouse that they want a divorce.
Once a party files a petition, it initiates the rest of the legal procedures. It outlines the reasons for the divorce and includes requests for child custody, spousal support, and dividing assets.
If you’re filing it, note that you want to be ready for the legal process. So, consider making advanced preparations, like finding an attorney or gathering documents. This way, it can go by faster and smoother.
Step 2: Response to the Petition
After filing the petition, the other spouse needs to respond within a specific timeframe. If they’re on board with the petition, the divorce can move forward smoothly, saving time and resources.
If they disagree, they have the option to file a response stating their terms and concerns. This initiates a more intricate legal process that may involve negotiation and even court intervention.
If you want to prevent this, it helps to discuss with your spouse about your intentions before filing a petition.
Step 3: Discovery
During this important fact-finding phase, both spouses, along with their attorneys, work together to gather comprehensive information. It’s usually about each other’s assets, income, custody matters, and other relevant details.
This thorough and time-consuming process is crucial in ensuring a fair settlement. Moreover, it makes sure the court considers all aspects of the situation.
Step 4: Settlement Proposals and Negotiations
During the divorce litigation process, both sides’ attorneys will have a thorough back-and-forth exchanging settlement proposals. They’ll really take into account their clients’ interests and concerns.
The goal is to work together to find a friendly resolution. If they reach an agreement, the divorce can be finalized smoothly. Otherwise, you will go through a long and expensive trial.
You also want to be sure you hire the right people to guide you. Check out specialized professionals like property settlement lawyers if you need more help.
Step 5: Trial
If you can’t reach an agreement during negotiations, the case moves on to trial. During the trial, the judge carefully listens to the arguments presented, examines the evidence, and evaluates its credibility.
Afterwards, they make a final decision on unresolved issues that follow the law and provide a fair solution.
Step 6: Judgment
When a court issues a divorce decree, it’s a legal document that outlines the judge’s decisions. Usually, this includes their take on the division of assets, child custody, spousal support, and more.
Once the decree is reviewed, signed, and officially entered into court records, the divorce is considered finalized. This marks the official end of the marriage.
Understand the Steps to Divorce Litigation for Smoother Processing
There are several legal procedures for divorce you should keep in mind to ensure it goes smoothly. If you know your way around the divorce litigation process, you can prepare everything you need early on. Moreover, it helps you get the best possible result.
So, what do you say? Check out the rest of our blog for more guides on topics like this!