FAMILY LAW FAQ
What to Expect: A Divorce Chronology

When people decide to get a divorce, they usually don't know what to
expect. Divorce is a complicated legal process, and it can be full of
unpleasant surprises and frustrating delays. A general understanding
of what's likely to happen can help you feel more comfortable at an
uncomfortable time.

The following chronology gives a general idea of how the average
divorce proceeds. Your divorce may be a little different because of
differences among state laws or because of specific issues between
you and your spouse. For example, arguments over where your kids
will live and how to split up your 401(k) can make the process more
complex. Your attorney can help you understand exactly how your
divorce will fit with this chronology-remember, your attorney works for
you, and should clearly explain every step of your divorce.

To start off the divorce, one of the spouses gets a lawyer, who
writes up a petition (also known as a complaint), a legal document
that says why the spouse wants a divorce and how he or she wants
to settle financial, custody, and other issues.

The lawyer files the petition or complaint with the court. The lawyer
or the court makes sure that the petition/complaint is served on the
other spouse, together with a summons that requires that spouse's
response.

The served spouse has to answer within a certain time (usually about
three weeks). The answer says whether or not the served spouse
agrees with the petition/complaint. If he or she doesn't answer the
petition/complaint, the court assumes that he or she agrees to its
terms. The answer (also called a response) says how the served
spouse would prefer to deal with divorce decisions.

The couple exchanges documents and other information about issues
such as property and income. By examining this information, the
couple and the court can decide how to divide up property and how
to deal with child support and alimony.

Sometimes, the couple can voluntarily resolve all their issues through
mediation or settlement. Some states require that divorcing couples
go through this process.

If a settlement is reached, the settlement agreement is shown to a
judge at an informal hearing. The judge will ask a few basic factual
questions and whether each party understands and chose to sign the
agreement.

If the judge approves the agreement, he or she gives the couple a
divorce decree that reflects what they agreed to. If he or she does
not approve it, or if the couple does not reach an agreement, the
case will go to trial.

At trial, the attorneys present evidence and arguments for each side,
and the judge decides the unresolved issues, including child custody
and visitation, child and spousal support, and property division. Once
the judge has reached his or her decision, the judge grants the
divorce.

Either or both spouses can appeal a judge's decision to a higher
court. But it's unusual for an appeals court to overturn a judge's
decision. Also, remember that settlements usually cannot be appealed
if both spouses agree to their terms.

It's hard to say how long all these steps will take in your case. The
entire process can take from as little as a few months, to as long as
several years. Generally speaking, the more the couple can cooperate
and agree to reasonable compromises, the smoother and faster the
divorce will go.

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