DIVORCE Process (understanding the timeline)

Depending on your state there may be requirements before you can file:

1. Separation requirement - you may have to be separated from your spouse for a certain amount of time 

2. Residency requirement - you may have to live in the state for a certain amount of time

Step 2: Prepare and File the Divorce Petition

Timeframe: 1-2 weeks

Description: The spouse seeking the divorce (the petitioner) prepares a petition for divorce, which includes information about the marriage, children, property, grounds for divorce, etc... The petition is then filed with the appropriate (state) court in your county. In most states it may be called family court.

A petition (document) is the legal formal request and the beginning or start of getting a divorce in motion. After the petition is filed with the court, this is the green light to the court that either you or your spouse wants out of the marriage.

Make sure you fill out the right form. There may be different forms for marriages WITH children vs WITHOUT children.

Check out How to File A Petition for Divorce and What to Include by Legal Charity for more info.

Step 3: Serve the Divorce Papers

Timeframe: 1-4 weeks

Description: The petitioner must legally serve the divorce papers to the other spouse (the respondent). Service can be done via personal delivery, mail, or through a process server.

Step 4: Respond to the Divorce Petition

Timeframe: 1-3 weeks

Description: The respondent has a specified period (usually 30 days) to respond to the petition, either agreeing to the terms or contesting them.

Uncontested divorce means you and your soon-to-be ex spouse agree to ALL terms or not trying to prevent the divorce from happening.

Hello Divorce has info on response deadlines by state, residency requirements, waiting period, and property distribution type

Step 5: Temporary or Emergency Orders (if needed)

Timeframe: 1-2 months

Description: Either spouse can request temporary court orders for ironing out issues or addressing concerns like child custody, financial support, and property use while the divorce is pending.

A hearing may be required.

Step 6: Discovery Process

Timeframe: 2-6 months

Description: IF filing an uncontested divorce you may be able to skip this step.  (Uncontested - SKIP to the last sentence of this step)

Your mediator, attorney, or other professional may give you a form to fill out to compile all financial information for a financial affidavit aka (also known as) financial disclosure, financial statement, financial declaration, case information statement, annual income worksheet, sworn financial statement or statement of net worth, etc... Depending on your state the form maybe called something different. For the sake of this information we will call it a financial affidavit.

A Financial Affidavit is a financial document that must accurately display ALL your financials related to your:

1. income (2 yrs worth of bank statements)

2. monthly expenses

3. assets (retirement etc…)

4. debts (medical bills etc…)

5. business(es) (if applicable)

6. health insurance

7. children (dependents) if applicable

8. and any other relevant information

Also to note, the financial affidavit must be notarized and will be filed with the court.

The affidavit is vital in determining child support and alimony (spousal maintenance) or even legal fees. It also must be provided before your divorce is finalized.

Your attorney (if applicable) may help you fill out the form if you have questions.

If caught lying about your financials you may risk penalties in the form of fines or jail time.

Keep in mind it is YOUR responsibility to fill out your form accurately. Your attorney if applicable may only glance for noticeable or major errors. Take your time and no guesstimates (yes that is a real word lol). If you do find yourself in need of help you can seek the assistance of a Certified Divorce Financial Analyst (CDFA) who can really break down your financials and help you understand the financial impacts of divorce and financial planning after divorce.

If looking to a CDFA for assistance it is recommended to get connected BEFORE you start your divorce or at the beginning of the process. Attorney’s may also seek the expertise of CDFAs on their client’s behalf during the process.

Each state has it owns rules and guidelines for divorce in addition to the affidavit so be sure to check your state court regarding the process and all required forms.

• MARITAL LAWS has a list of state laws for individual states.

• Be sure to check your state court for any updated information on state laws regarding divorce.

Also check with your state court for the required specific time frame for sharing your financial affidavit with your spouse. It could be a minimum 5 days, within 30 days, 45 days, etc…before going to court (if applicable).

Both parties may also exchange financials and documents for creating a marital balance sheet for an easier read with combining and comparing individual financials on the same sheet.

This process may also involve depositions, interrogatories, and subpoenas if necessary.

• THE BALANCE has more information on understanding a financial affidavit and required documents.

Below are 2 different examples from different states of a required financial disclosure.

1. COLORADO

2. WISCONSIN

The court may waive the financial affidavit for both sides if in agreement on the terms in an uncontested divorce.

Step 7: Negotiation and Settlement

Timeframe: 2-6 months

Description: The spouses (and their attorneys, if applicable) negotiate to reach a settlement on issues like property division, child custody, and financial support. Mediation may be used to facilitate this process.

YOU DO NOT HAVE TO AGREE TO THE TERMS on mediation day or during negotiations! I repeat…you do not have to agree!

Some soon to be ex spouses will use intimidation or other tactics to force their soon to be ex spouse into agreeing prematurely on terms they do not necessarily agree with out of fear in general or fear of getting “nothing.”

If you do not fully understand what has been placed in front of you or offered, DON’T AGREE.

You can request more time to think on things.

Have your attorney clarify the terms or seek professional outside counsel such as a CDFA if needed.

Remember this is a step not to be rushed. It is a step to ponder on as the wrong decision can have lingering consequences that may affect you and your children (if applicable) in a not so distant future.

Step 8: Court Hearings and Trial (if needed)

Timeframe: 6-12 months

Description: If the spouses cannot reach an agreement, the case goes to trial. Each side presents evidence and arguments, and the judge makes decisions on the contested issues.

Step 9: Finalize the Divorce

Timeframe: 1-4 weeks after settlement or trial

Description: Once all issues are resolved, either by settlement or court decision, the final divorce decree is prepared, signed by the judge, and filed with the court.

A divorce decree is your proof of the end or dissolving of your marriage. It is the legal and official judgement or document noting your divorce process has been completed.

***VERY IMPORTANT: You must be content with your choices or decisions as it pertains to the marital agreement/settlement prior to the court judgement/decree being issued because you may not be able to make changes after.

Step 10: Post-Divorce Matters

Timeframe: Ongoing

Description: After the divorce is finalized, there may be ongoing matters such as enforcement of the court orders, modifications due to changes in circumstances, or addressing any remaining financial or custodial issues.

Although mentioned previously in Step 9 you may not be able to make changes, there may be a few instances where changes or modification(s) can be made (side note: the standard for a modification request is none within the 1st year, unless the following incidents may have occurred to the payer):

1. job loss

2. pay raise

3. an arrest

4. drug use

5. CPS (Child Protective Services) contacted

       LEGAL CLARITY has more information on defining modification(s).

Estimated Total Timeframe

Overall: 6 months to 2 years++, depending on the complexity of the case, if you have children, and the level of agreement between the parties.

REMEMBER, the exact process and timeline can vary significantly based on local laws, if the court has a back log of cases, the complexity of the issues involved, and the level of cooperation between the parties.

Consulting with a family law attorney in your jurisdiction can provide more specific guidance.

Following these guidelines may help you navigate the divorce process more manageably and reduce unnecessary complications.

Disclaimer: This example is for informational and educational purposes only.

Note: These guidelines provide general information and should not be considered legal advice.

Divorce can have significant emotional, financial, and legal implications.

We encourage all individuals to seek guidance from qualified attorneys, licensed mental health professionals, legal advisors, counsel or financial experts as needed and tailored to your specific circumstances.