How a Divorce Works

Article written by Home Mortgage Loans

When one or more partners decide a marriage is not viable, divorce is an option. However, divorce proceedings can be complex. In this case, you’ll want the services of a  family law attorney.

The divorce procedure starts with a petition which is filed by one spouse and served on the other. This is called the service of process. If both parties agree to the divorce, the one served acknowledges receipt and files a response. But if one opposes the divorce or is hard to find, you may have to hire a professional process server. A family law attorney can help with this.

States have a waiting period which starts with serving the petition and ends with the final dissolving of the marriage. During this period, couples have to provide information about their financial status, so the terms of the divorce can be settled. This includes assets, liabilities, income and expenses. Couples may enter mediation to decide on child support and visitation as well as dividing up finances. If both agree to the divorce and settle on terms, the court can do paperwork and enter a judgment.

However, if couples cannot come to an agreement, a trial may be necessary. In either case, a divorce attorney can guide you through the process. When the state’s waiting period is over, the marriage is formally dissolved. The ex-spouses can then remarry and get on with their lives.