Divorce Process: What to Expect

Divorce Process: What to Expect

Divorce is an unsettling and often overwhelming experience. If you’re contemplating or preparing for a divorce, understanding what lies ahead can help you manage this challenging time more effectively. Kvale Antonelli & Raj, a leading family law firm, has gathered insights from their experienced attorneys to provide a detailed glimpse of what to expect during the divorce process.

Understanding Your Options

When it comes to divorce, one size does not fit all. There are various types of divorce, each with its unique implications. Taking a look at what your options are can help you choose the best path for our situation.

Contested Divorce: In a contested divorce, both parties disagree on critical problems like asset division, child custody, or spousal support. This type of divorce often requires court intervention and can be both time-consuming and costly.

Uncontested Divorce: An uncontested divorce happens when both parties agree on all major issues. This type is generally quicker and less expensive, as it often does not require a court trial.

Collaborative Divorce: This is a voluntary process where both parties and their attorneys work together to resolve disputes without going to court. It aims to achieve a mutually beneficial outcome while maintaining respectful communication.

Your choice of divorce type will depend on various factors, such as your relationship with your spouse, the complexity of your assets, and your willingness to negotiate. Consulting with an attorney can help you come up with the best solution for your circumstances.

The Legal Process

Filing for Divorce

The first step you have to take to end your marriage is file for divorce. This involves submitting a petition for divorce to the appropriate court. The petition must include important details such as:

• Names and contact information for both parties
• Grounds for divorce
• Information about children, if any
• Desired outcomes regarding asset division and child custody

Serving the Petition

Once the petition is filed, the next step is to serve it to your spouse. This can be done through a sheriff, a process server, or by publishing a notice in a local newspaper if your spouse’s whereabouts are unknown.

Response and Temporary Hearings

Your spouse has a specific period to respond to the petition. If they do not respond, you may proceed with a default divorce. Otherwise, temporary hearings may be held to address urgent matters such as temporary custody or financial support. These hearings are not the final determination but allow for temporary arrangements until the divorce is finalized.

Discovery and Negotiation

The discovery process involves gathering information and documents related to assets, debts, and other relevant details. This information will help you negotiate a settlement with your spouse or prepare for trial if necessary. Your attorney can assist by requesting information from your spouse and their attorney.

Mediation

In some cases, mediation may be required before proceeding to court to resolve any remaining disputes. During mediation, a neutral third party will oversee negotiations between you and your spouse in an effort to reach a mutually agreeable resolution.

Trial

If all negotiation attempts fail, your case will go to trial. This is a formal legal proceeding where both parties present their evidence, and the judge will decide on unresolved issues.

Contentious Issues to Be Aware Of

Divorces can be emotionally charged, often bringing a whirlwind of feelings and disputes over various critical issues. Navigating the end of a marriage is rarely straightforward, and tensions can run high. Some of the most commonly contentious aspects include:

• Child custody and visitation: This can be one of the most heart-wrenching parts of a divorce, as parents must determine with whom the children will live and how often the other parent can visit. The emotional well-being of the children is usually the primary concern, but disagreements can lead to prolonged negotiations and legal battles.
• Division of assets and debts: Couples must address how to fairly divide their shared property, including homes, cars, savings accounts, and investments. This process can also involve determining who is responsible for joint debts, like credit cards or mortgages, which can complicate the situation further.
• Spousal support or alimony: In some cases, one spouse may be entitled to financial support from the other, especially if there is a significant disparity in income or if one partner sacrificed their career for the family. Determining the amount and duration of support can be a point of contention.

A lawyer can help you understand your rights, advocate for your interests, and facilitate communication between parties, making the process smoother and less stressful.

Prepare for Emotional Strain

Divorce is a significant life change that can bring up a range of intense emotions, including anger, grief, resentment, and fear. It’s essential to prioritize your emotional well-being during this time. Consider seeking support from friends and family or joining a support group for individuals going through divorce. Additionally, taking care of your physical health through exercise and proper nutrition can also help manage stress.

You’re Not Alone

Divorce is hard, but understanding what to expect can make it more manageable. Knowing your options, the legal process and potential contentious issues will give you a better idea of what lies ahead. However, every case is unique, so it’s essential to consult with an experienced attorney who can sit down with you and look at your situation. Remember, you don’t have to go through this alone. At Kvale Antonelli & Raj, we are here to support and guide you through the divorce process. Contact us for a consultation today.