Divorce Court Procedures

The divorce procedure starts when the "Original Petition for Divorce", also called as "Letter of Complaint" in some states, is filed with the local court clerk. This document identifies the partners involved in the divorce and their children, if any. The grounds for divorce are also mentioned. If the Petitioner feels that he or she is due for some relief, this is also included in the document.

Divorce Court Procedures after filing the Petition

The Petition and related documents are served to the Respondent. Different states in the United States permit varying modes of service like personal service by Petitioner or through a private process server or through a Sheriff or by registered mail or by certified mail or through publication in a newspaper.

Each state has allocated a particular number of days within which the Respondent is expected to file a Response to the Petition. The Respondent is free to file a Counterclaim with the Response.

Consider the period from the filing date till the date of grant of the divorce. During this phase, the divorcing partner may ask for temporary orders, protective orders or restraining orders. These orders should be adhered to compulsorily and those who violate them may be indicted for contempt of court. As per the discretion of the Judge, they may be fined or jailed.

Divorce Court Procedures about Discovery

Discovery process includes collecting information about the opposite party. Broadly speaking, there are 5 steps in this procedure and possible some of those may become a part of your divorce process.

Depositions

Lawyers take a sworn testimony of the divorcing partners and / or the witnesses. All that is disclosed in a deposition can be utilized during the divorce procedure.

Request for Production

Any divorcing partner or the attorney can request the opposing partner to furnish documents like statement of income, bank statements etc. Each state has specified a time period within which these documents have to be produced. Due to this time period, this procedure hampers the likelihood of a swift divorce.

Admissions of Fact

One divorcing party submits a written roster of facts to the other party. The recipient of this roster is expected to either negate or accept each fact.

Interrogatories

The lawyer forwards a list of questions to the opposite party. Every state has determined the limit on the number of questions and the Response time.

Disclosures

Lawyers of both parties request certain issues from the opposite party and the list is sent to the party. Duration for responding to the list is set by each state. Each state has its own rules of civil procedure for conducting the disclosure process.

Final Phase of Divorce Court Procedures

Mediation is a divorce process in which both divorcing partners and their lawyers assemble and talk regarding the conflicting issues and work towards developing an agreement that satisfies both parties.

If mediation fails to draft an agreement, then the trial stage begins. The Judge examines what both the partners have to say in their defense, what evidences are being put forth and then arrives at a decision regarding all conflicting issues. The final Decree contains of all the decisions made by the Judge and the Judge eventually signs it, to make the decision final.

The process of Appeal

If any divorcing partner feels that the decision made by the Judge is unfair, then, such a partner can file a motion to appeal the order in a higher court.

Divorce Papers