Divorce Stages - Procedure for Divorce

1. Complaint for Divorce (PDF) is filed. Filer becomes the plaintiff, other is defendant.

2. Court Sends issue of summons

. Defendant's official notice that his or her spouse is seeking a divorce
. Must be served upon the defendant along with a copy of the complaint for divorce

3. Service of Summons (Happens in 3 ways)

. By the defendant spouse voluntarily accepting service from their attorney
. Service in hand by an authorized processor such as a constable or Deputy Sheriff
. Service by publication if defendant is missing. Court gives elicit directions on exactly how publication is to be carried out. If defendant is out of state but whereabouts are known, service may happen by any means legal in that state.
. Options once Served a Summons

A. Ignore it (consequences)
B. Get Attorney to Represent
C. Represent oneself

4. Temporary Order Stage - addresses the issues which must be resolved immediately though on a temporary basis.

. Vacating of the marital home by one spouse

A. Court has the power to order either party out of the home if the well-being of the other spouse or their children would be endangered or substantially impaired if both spouses were to remain. (typically the husband)


. Determine Temporary custody of any minor Children

A. Legal custody - the power to make important decisions affecting the child's welfare. As a general rule legal custody will be joint.
B. Physical Custody - Which parent the child shall live with. This parent has the responsibility and authority to may day-to-day decisions for the child (food, clothes, after school). If there is a contest for the custody of a child judge makes the decision by ultimately evaluating what would be in the best interest of the child.
C. Criteria for Child Custody Determination

a. Incidence of Abuse
b. Health Problems of a Parent
c. Harmful Teachings
d. Harmful/Immoral Lifestyle
e. Diligence parent has shown for caring for the child
f. Inability to care for the child
g. Location of the parent's residence
h. Preference of Mature Children (12+)
i. Desirability of keeping the children together

D. Joint physical Custody - both parties come to an agreement on sharing custody. Parents must provide a written schedule, court will then make order of shared or joint custody.
E. Visitation by Non-Custodial Parent

a. What's best for the interest of the child
b. Mostly, non-custodial parent will get reasonible rights to visit with their children
c. Visitation must be spelled out
d. Reasonible alterations can be made to terms
e. Limited or no visitation is an option if that is in the best interest of the child.

F. Child Support

a. In some cases if the non custodial parent is not earning up to their potential of their own choosing, the judge may assess their earnings potential and attribute an amount they feel feasible by the non-custodial party. Evidence must be introduced showing the earnings potential of the non-custodial parent (education, experience, past income, etc.)

. Restraining orders - All elements of the marriage are frozen. Assets, real estate, money and possessions may not be touched or transferred. No new liabilities may be taken on either.

A. Restraining order my be granted preventing one spouse from interfering with the personal liberties of the other spouse. This simply needs to be asked for. *License to do as you please, but must retain responsiblities.
B. A judge may allow a spouse access to frozen assets of a reasonible amount to pay attorney's fees to represent them.
C. Judge can also order the other spouse to contribute to the other spouse's attorney's fees to create a level playing field.
D. Discovery Stage

5. Conference Stage - series of meeting between the parties and their attorneys.

. Four Way Conference - Meeting between the spouses and their attorneys at which time they:

A. Exchange Financials
B. Try to settle Case
C. Try to agree on facts
D. Determine any unusual issues of law.

. Pre-Trial Conference - The spouses and their attorney's appear before a judge and present:

A. Current Financial Statements
B. Written Memorandum of Case Stutus Judge reviews and may offer comments or suggestions. Some case may require parties to discuss judge's suggestions and report back to the judge before leaving the courthouse. It's not uncommon for divorce cases to settle at this point.

. Status Conference - Less formal meeting with the judge at the courthouse. Purpose is to update the judge on the status of the terms. There could be multiple status conferences. If none of these conferences work, a trial will be scheduled. 98% of cases are solved at this point. Trials are heard by the judge only, a jury is never used.

Divorce Stages

Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.