Common Steps Taken During the Divorce Process: Are you considering divorce and wondering what the process will be like?Your state's divorce laws will determine what steps you go through during the divorce process.
Keep in mind that every divorce is different so, along with these steps you will have issues come up that pertain to your individual divorce.The original petition will identify the parties to the divorce and any children they may have.The party filing for divorce will have to state a reason as part of the petition or letter.In most states, this will be “irreconcilable differences” or “incompatibility.”The person filing for the divorce will be named the “petitioner” by the courts while the other party to the divorce is referred to as the “respondent” or, in some states, the “defendant.”The original petition or letter of complaint is then served on the respondent.If your state doesn’t have laws that allow a legal separation your next step would be to contact your attorney or file a petition with the courts yourself requesting a hearing so that a temporary separation agreement can be ordered.This is done after filing a petition for divorce in states with no legal separation laws on the books.
Original Petition For Divorce: To begin the divorce process a document called “Original Petition for Divorce” is filed with your local court clerk.
In some states, this is referred to as a “Letter of Complaint.” Both documents are requests that the court grant a divorce and list any relief the party filing for divorce feels they are due.
Legal Separation: Some states do not have laws that allow a couple to participate in a legal separation.
In those states, you are married until a court decides otherwise.
If your state laws allow couples to separate legally when one or the other spouse leaves the family residence your attorney will petition the courts for a separation agreement.
This agreement protects the interests of both spouses and any children of the marriage by making sure that both parties meet their legal responsibilities to each other.