Each state has its own laws and procedures regarding divorce, so the first thing you likely should do when contemplating a divorce is to contact an experienced local divorce lawyer who can explain your state’s precise process to you. In general, however, the process proceeds as follows:

• Meeting your state’s residency requirement
• Filing your divorce petition (actually, a petition for dissolution of marriage)
• Serving your spouse with notice of your filing
• Going through mediation
• Litigating if mediation fails
• Holding one or more divorce hearings
• Waiting until your state’s waiting period, if any, expires
• Receiving your divorce decree

Residency, Filing and Notice

Most states require you to live in the county where you file your divorce for at least six months before filing. Once you file, you then need to notify your spouse. This is called service of process and is usually done by means of you or your lawyer sending a file-stamped copy of your petition to the local sheriff’s office and requesting that they serve it on your spouse personally, filling out and returning the return of service to the clerk of the court. Your spouse then has a period of time, usually 30 days, to file his or her answer. Alternatively, you can hire a professional process server to serve your spouse or, in rare cases, you may be able to “serve” him or her by publishing your filing in your county’s newspaper of record for several weeks.

Mediation

If your spouse decides to contest the divorce, most states require the two of you to attempt mediation before they schedule an actual hearing. Mediation is a process in which you and your spouse agree on a neutral third party to act as your mediator. The two of you then hold a series of meetings with this mediator in which you attempt to negotiate and resolve your issues such as the following:

• Child custody, visitation and support
• Spousal support
• Marital property division
• Any other issues specific to your situation

If mediation is successful, the mediator then drafts the appropriate agreements and files them with the court after you and your spouse sign them. If mediation fails, you and your spouse hire your own lawyers and proceed to litigation.

Litigation

Litigation could take a considerable length of time depending on how many issues you and your spouse have to litigate and how willing and insistent one or both of you are to fight. You may have several court hearings, after which the judge resolves your issues for you.

If you are in the midst of litigation proceedings regarding a personal injury, remember to include the potential settlement from that in your divorce plans, as the lawyers at Cohen & Cohen can explain.

Divorce Decree

Ultimately, the court issues its final divorce decree setting forth all aspects of your divorce by which you and your now ex-spouse must abide.