Divorce Process
6 frequently asked questions with detailed answers
An uncontested divorce occurs when both spouses agree on all major issues: property division, debt allocation, custody, child support, and alimony. These divorces are faster, cheaper, and less stressful. Many can be completed without extensive court appearances and may use simplified procedures in some states.
A contested divorce occurs when spouses disagree on one or more major issues. These cases require negotiation, mediation, or trial to resolve disputes. Contested divorces take longer, cost more, and are more emotionally taxing. Most contested divorces eventually settle before trial.
Divorce mediation uses a neutral third party to help couples reach agreements on disputed issues. It's typically faster, cheaper, and less adversarial than litigation. Mediation is private, gives couples more control over outcomes, and can preserve a co-parenting relationship. It works best when both parties negotiate in good faith.
Collaborative divorce is a process where both spouses and their attorneys commit to resolving issues without going to court. If negotiations fail, both attorneys must withdraw and the parties start over with new lawyers. This creates strong incentive to reach agreement. Other professionals (financial advisors, therapists) may assist.
After filing, divorce papers must be formally delivered ('served') to your spouse. Methods include: personal service by sheriff or process server, certified mail with return receipt, or service by publication (if spouse cannot be located). Your spouse then has a set time (usually 20-30 days) to respond.
Divorce hearings vary based on whether the divorce is contested. Uncontested cases may involve brief appearances to confirm agreements. Contested cases may include discovery, temporary orders hearings, settlement conferences, and potentially trial. Judges will hear evidence, testimony, and arguments before making decisions on disputed issues.