Divorce Steps - Learn the Steps and Phases in Divorce

Navigating the divorce process involves several high-level phases and steps, regardless of the specific approach chosen. Here's an outline of the key stages involved in divorce:

Pre-Divorce Phase

• Initial Considerations and Decision-Making. You should reflect on the decision to pursue divorce and assess the feasibility of reconciliation. Consider the     impact of divorce on you, your spouse and any children involved. Research and educate yourself about the divorce process and available options for dispute resolution.
• Gathering Information and Documentation. Compile essential documents related to marital assets, debts, income, expenses and other financial matters.  Obtain copies of important legal documents such as marriage certificates, prenuptial agreements and any relevant court orders. Organize financial records, including bank statements, tax returns, retirement account statements and property deeds.‍
• Legal Representation and Consultation. Consider consulting with a family law attorney to understand your rights, responsibilities, and legal options. Explore     different methods of dispute resolution, such as mediation, collaborative law or litigatio, and choose the approach that aligns best with your circumstances and preferences. Retain legal representation if necessary and discuss strategies for moving forward with your divorce.

Divorce Phase

• Notification of Divorce. Depending on your process, notification of the divorce will take different forms.  In litigation, you may prepare and file a petition for divorce with the appropriate court in your jurisdiction. Then your attorney will serve the petition and accompanying documents on your spouse according to legal requirements, formally initiating the divorce process.  In other processes, you may both be on the same page with commencing the process and can avoid the cost and hassle of serving a petition and instead jointly prepare a petition to commence the process. You may also be able to avoid a petition altogether and wait to file a final agreement with all resolutions included.
• Discovery Process and Information Gathering. Whether you are using a formal discovery process in litigation with document requests and depositions or     voluntarily sharing all documents informally, it is imperative that you both have all information needed to fully understand your current situation.  Engage in the discovery process to exchange information and documentation relevant to the divorce.
• Negotiation and Settlement. In litigation, through a series of filings, responses, motions, hearings, and potentially trial, you will work to reach final resolution.  In all other methods, through meetings or other communication, you will attempt to negotiate agreements with your spouse on key issues such as property division, child custody, parenting matters, child support and spousal support. Professionals may be used to help reach resolution.‍
• Finalizing Agreements. Once agreements have been reached on all issues, formalize the terms of the divorce settlement in a written agreement.  Review the agreement with your attorney to ensure it accurately reflects your intentions and protects your legal rights and interests.‍
• Court Approval and Finalization. Submit the divorce settlement agreement to the court for approval. If all terms are mutually agreed upon and you both have legal representation, you may receive administrative notice of the final divorce. If either of you are unrepresented or if there isn’t final agreement, you likely need to attend a hearing to work out the final terms of the divorce.  In litigation, you will attend a final divorce hearing or trial, where a judge reviews any agreements, addresses any outstanding issues, and issues a final judgment of divorce.

Post-Divorce Phase

• Implement Resolutions. Implement and comply with the terms of the divorce settlement agreement. You may need to divide assets, transfer real estate title, or seek additional orders to divide qualified retirement accounts. You may also need to implement a name change if it was included in your divorce.
• ‍Post-Divorce Matters/New Disputes. Address any post-divorce matters or disputes that may arise, such as modifications to parenting agreements or support arrangements.

While every divorce is unique, this general process is common and should give you an idea of what expect and keep you grounded in where you are in the process once commenced.

See the downloadable handout on Divorce Process Steps.