Process of Filing for Divorce
The general steps to filing for divorce include:
Filing the Application for Divorce and Financial Statement: You must complete an application for divorce, which states your claims arising from the separation. If you have a separation agreement, it should be filed along with the application. In a joint divorce, both spouses file the papers together after agreeing on major points and signing a separation agreement.
Serving the Divorce Papers and Financial Statement: The divorce papers and financial statements need to be delivered to the other party by a separate party or individual. Typically, a process server is required to handle this task, and you must file an affidavit of service with the court to confirm that the other party has received the papers.
Receiving the Answer and Financial Statement: The other party has 30 days to file an answer and their own financial statement after being served with the divorce papers. The answer sets out what facts your spouse agrees or disagrees with and includes their own claims. If no response is received within 30 days, the divorce will be considered uncontested.
Case Conference: This is a meeting between the parties, their lawyers, and a judge. It is an informal process to discuss outstanding issues, attempt to reach resolutions, request financial disclosure, and determine the next steps. A judge may make procedural orders at this stage, but substantive orders are not typically issued.
Discovery This step involves exchanging information that supports or disproves the claims made by either party. It may include financial documents, assessments regarding custody or access issues, and a questioning process under oath.
Motions may be filed to address time-sensitive issues such as unpaid child or spousal support, disclosure, or procedural matters.
Settlement Conference: The parties and their lawyers meet with a judge in an attempt to settle some or all of the issues arising from the separation. If a settlement is reached, the terms are incorporated into an order. If all issues are not resolved, the matter proceeds to trial.
Trial: If no settlement is able to be reached, the divorce case goes to trial. Evidence is presented, and a judge makes a final decision. Once the divorce order is issued and you are legally divorced, you can request a divorce certificate from the court.
It is important to note that this is a general overview, and the process may vary depending on individual circumstances. It's recommended to consult with a lawyer for advice and guidance throughout the divorce process.