Every divorce is different, however, the divorce process is similar in all states. All divorces begin with a petition and end with a judgment. This 7-Step Roadmap serves as a guide and breaks down the essential steps to the divorce process.

1. Make a plan. Consider the issues in your case.

Before you begin your divorce, assess your situation and make a plan. Consider all the issues in your divorce. Do you have children? If so, think about child support, child custody, visitation, and health insurance. What are your assets? Do you or your spouse have a retirement account, stocks, bonds, cars, or a house? Do you and/or your spouse have outstanding debts or loans? This is not an exhaustive list of considerations in a divorce. I recommend making a physical chart listing the issues and the outcome you hope to reach. Regardless of whether you hire a lawyer or not, this is an essential part of your case. Your lawyer does not know everything in your “inventory,” and he or she does not know what it is you are seeking out of your divorce.

2. Draft a petition or a complaint.

A petition is also called a “complaint” in some states. This is a legal document written by one spouse, called the petitioner. It is filed with the court and initiates the divorce process. Specific requirements vary from state to state but it typically contains the following information:

• Identification of the spouses and children
• Date of place and marriage
• Grounds for divorce
• Acknowledgement that the court has jurisdiction to grant the divorce (see number 3 below)
• How the petitioner would like to settle finances, property division, matters with the children, and other issues related to the divorce
• Temporary Orders

3. File your petition or complaint.

You must file your petition or complaint in the appropriate court. That is, the court must have jurisdiction over your case. Jurisdiction is determined by residency, and the requirements vary by state. For instance, in Texas, you can file for divorce in the county you live in as long as you have lived in Texas for at least 6 months, and you have lived in the county for 90 days. You can also file for divorce in the county your spouse lives in as long as he or she fulfills the same requirement. Similar law applies in California, with a 3-month county residency requirement instead of 90 days.

4. Serve the petition on your spouse.

The easiest way to complete the service requirement is if your spouse is willing to sign and file a Waiver of Service with the court. The Waiver of Service is a document stating that the person signing it acknowledges receipt of the petition and waives the right to be personally served.

If your spouse does not sign the waiver, the constable’s office can serve your spouse, or you can hire a process server. If you cannot locate your spouse, you can ask the court to serve your spouse by publication. Service by publication refers to official notification published in the newspaper.

5. You may ask the court to put “Temporary Orders” in place.

Divorces can take months or even years to become finalized, and many issues cannot wait that long. Temporary Orders are made by the court to address family and financial issues while the divorce process is pending. If approved, these orders usually stay in effect until the divorce becomes final. The following issues are usually addressed in Temporary Orders:

• Child Support
• Visitation
• Spousal support
• Freezing assets/accounts
• Health Insurance
• Possession of automobiles

6. Determine your path to a divorce judgment.

The divorce judgment finalizes your divorce and contains the outcome of all the issues in your case. There are multiple ways to reach your divorce judgment.

If your spouse DID NOT file an answer/response to your petition/complaint, you can ask the court for a default judgment. A default judgment is basically whatever you ask for but within reason. The property division should be “just and right,” and matters in regards to the children should be in their “best interest.”

7. Wrap up loose ends after your divorce is finalized.

Now that your divorce is finalized, it is time to tie up loose ends. This includes:

• Change your name (if you requested a name change) with Social Security, DMV, Passport, etc.
• Update your Will or Trust
• Change the title to property awarded to you (cars, house, etc.)
• Submit Qualified Domestic Relations Orders (QDROs) to plan administrators for processing
• Make changes to beneficiary designations for insurance and retirement accounts
• Notify your children’s school of additional household addresses for notices

^{DISCLAIMER: The following information found on www.legalattraction.com is provided for general informational purposes only. It may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice or the creation of an attorney-client relationship. This information is not intended to be a substitute for legal representation by an attorney.}