Filing for divorce is almost always an emotionally painful, difficult experience, but it’s also a complex legal process, the outcome of which can determine the trajectory of the rest of your life. Not knowing what to expect can make it even more intimidating, potentially causing simple mistakes which could have a dramatic impact on your results. While the details may vary from one state to the next, most divorce cases share a similar process.

The Divorce Process Explained

Serving the Petition

After filing, your spouse will have to be formally served with the petition. Some jurisdictions require paperwork to be delivered by a registered process server or sheriff’s office. Others, including Ohio, allow papers to be served through certified mail or left at your spouse’s residence.

The Answer

After receiving your complaint, your spouse will have a set period, usually 30 days, to formally respond. In their answer, they’ll have the chance to respond to every point in your complaint and make demands of their own. If they fail to do anything at all, the court will usually issue a default judgment giving you everything you asked for in the complaint.

Discovery

Before negotiations can begin, you and your spouse will exchange any relevant information about the finances, assets, and other matters. If your divorce is especially contentious, your attorney may have to investigate further to get the information you need.

Negotiation

Most divorce cases are settled through a negotiation, usually supervised by your attorneys. Many states require couples to go through a formal mediation process to try and find acceptable solutions to property division, child custody, and support matters before being allowed to move forward with a trial.

The Trial

If you and your spouse cannot agree, you may take the matter to court, where a judge will make these determinations for you. In general, the cost and emotional strain of a trial make it an option of last resort.

Uncontested Divorce

This process can be simplified if you and your spouse can resolve issues on your own in an informal setting. In some jurisdictions, this can be as simple as filing a joint petition and scheduling a court date, eliminating the need to serve papers, enter formal negotiations, or exchange information.

For over a quarter century, the divorce attorneys at Vernau Law LLC in Granville, OH, have been representing the rights of those dissolving their marriages, ensuring their assets and interests are protected. To discuss your case with a member of their team, call their offices at (740) 587-2637 today. You can also visit their website for more information.