The Importance of Learning the Common Divorce Steps

If you don't know anyone who has gone through a divorce, you may need to learn the divorce steps before you actually file for your own divorce. Many people are under the mistaken impression that you file the paperwork with your lawyer, set a court date and it's over. While in a perfect world that could happen, most people are not living in a perfect world when it comes time to file for divorce, so you need to know what to expect and the divorce steps from beginning to end.
There is little difference in the beginning with the first four divorce steps which usually follow as below:
• Find a divorce lawyer
• File the divorce petition through
• Schedule a hearing on your petition
• Wait for delivery of the final decreer
Unfortunately most divorces are not that simple because those that are make the divorce lawyers very happy. In fact, those couples with such simple divorce steps today are looking to save money by filing their own paperwork without a lawyer. In those states that do allow do-it-yourself divorces, they are usually limited to those couples that do not own property or have children. When there are additional ancillaries involved, the divorce steps become more complex and necessitate the need for a divorce lawyer.
For the majority of couples the divorce steps are more complex that those previously listed. In most cases the steps will following something like this:
• Find a divorce lawyer
• Obtain copies of all financial records and forward to lawyer
• Discuss terms of the divorce with your lawyer
• Your lawyer negotiates the terms of the divorce with your spouse's lawyer
• If you and your spouse cannot reach an agreement, the petition and ancillaries will be filed with the court and left to the judge to decide; if you can reach an agreement, those terms will be included with the petition the lawyer files with the court.
• The court will add your case to its docket and notify you of the date. In most cases the ancillaries (alimony/spousal support, child support, child custody/visitation, and property distribution) will be held at a later date.
• Wait for the final decreer
If you own property and are unable to reach an equitable agreement with your ex-spouse, this phase of the divorce can take some time. Depending on the amount of property you own, it can take a year or more for the court to make a final decision. In fact, all of the ancillaries can take some time if the two of you cannot reach an agreement. Sometimes a jilted spouse will attempt to hold up the divorce by holding out on the ancillaries, but the court will make a decision on the divorce without the ancillaries.
Even though the hearing on the ancillaries is usually the last of the divorce steps, the court may issue a temporary order for child and spousal support if the couple has been unable to agree to amounts. The court may also issue a temporary custody and visitation order pending a hearing on those issues as well. The process is simpler and less time-consuming if you and your ex-spouse can come to an agreement before your case comes up for scheduling.