Divorce: It’s Not as Easy as 123

Posted on August 19, 2019 by Chris Kirker

Chances are if you are thinking about divorce, you have looked into the steps involved and have found complicated or conflicting information about the process online. Kirker│Davis is here to help. The following is the divorce process in a nutshell:

  1. Consult an attorney: Divorce may seem simple if both you and your spouse have agreed to get one, but the issues can become complicated quickly, especially when substantial property or business assets are involved. Even in uncontested divorces, an attorney can give you peace of mind that you and your property will be taken care of in the divorce process.
  2. Initiate the divorce: next up is filing the actual petition for divorce.
  3. Temporary orders: Temporary orders are often agreed to by the parties to make the process of divorce simpler and fairer while the lawsuit is pending. Common temporary orders include monthly financial budgets for each party and agreements for a preliminary possession schedule for children.
  4. Discovery: Discovery is a standard process during which each spouse exchanges information with the other spouse as to their assets and liabilities and other relevant potential evidence.
  5. Settlement negotiations: Many divorces end in a settlement in which each side agrees to the terms for the division of property and/or a parenting plan for sharing rights and duties of parents, a possession schedule for each parent, and child support. It is important to note that the Court still must approve the settlement agreement and sign off on the Decree before the divorce can be finalized.
  6. Trial: If no settlement is reached, then the case will go to trial in which a judge or jury will decide the issues on which the parties could not agree.
  7. Divorce Decree: Regardless of whether parties reach an agreement through settlement negotiations or the case goes to trial, the last stage in the process is to reduce the terms for the division of property and/or terms for child-related issues into an official final Court order called a Divorce Decree. The Divorce Decree must be approved by the Court, signed by a Judge, and filed before the divorce process can be finalized.

For more information about the steps involved in every divorce download our free, online e-book called “The Four Steps in Every Divorce,” available here: https://www.kirkerdavis.com/ebook/

If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, contact Kirker│Davis LLP to schedule a meeting with a divorce litigation attorney today.

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