What the Divorce Process Actually Looks Like in Practice

If you and your spouse have decided to divorce, you’re likely stressed about whether the divorce process will go through smoothly.

But what does the divorce process actually look like? How long does it take from filing the divorce to completing the settlement?

This short guide will show you how long the divorce process works. If you and your spouse have considered getting divorced, make sure you read this guide first before you file.

Here’s what you need to know:

Divorce Petition

The first step is for one person to prepare an agreement for the divorce. You then share this petition with your spouse who has to sign it.

If your spouse doesn’t agree to the petition you might need to revise it. In this case, you might wish to hire a divorce lawyer to assist you. One of the biggest divorce mistakes is that couples don’t discuss the terms beforehand.

Before you prepare the divorce petition, make sure you also inquire about the laws pertaining to your divorce.

If you’re a father, you might worry about receiving custody of your children. Make sure you ask your divorce lawyer about your rights. You should also visit Dad Starting Over to learn about how to handle the transition following your divorce.

Divorce Response

The best situation is if your spouse responds to the divorce petition and agrees to it. In this situation, it’s unlikely that you’ll need to go to court to complete the divorce process.

However, it’s not always necessary for them to respond. If they don’t you can request the court to intervene. 

Nevertheless, it’s always best to seek a response from your spouse if possible. If you have to settle the divorce in court this can take several months.

Once again, you want to ensure that you use a lawyer to decide upon the terms before preparing the petition.

Finalizing The Divorce

Once both parties have agreed upon the divorce, they have to declare their assets in front of a judge. At this stage, you might wonder, ‘How long does it take for a judge to grant a decree nisi?‘ The short answer is that, it depends on the judge’s decision on how the assets get distributed. The judge can also set the terms regarding custody of the children. Once the judge makes the decision the divorce gets settled.

However, there’s still a waiting period for when the divorce gets finalized by the state. This waiting period can also postpone either party from re-marrying.

If any dispute doesn’t get resolved then the divorce case can go to trial. This can also take several months.

That’s How The Divorce Process Works

Now you know how the divorce process works and can decide whether you and your spouse should get divorced.

If you’ve decided that you can no longer live as a “lovely couple” then you want to discuss the terms of a divorce first. Only after both parties have agreed should you prepare a divorce petition.

If the divorce petition doesn’t go through, make sure that you immediately contact a judge to settle the case. Make sure that you and your spouse meet the judge’s demands so as not to bring about further disputes.

You can read more about divorce mistakes and divorce myths on our blog!