Five Steps After Initial Divorce Filing

There are different strategies and ways a divorce can be handled after the initial divorce filing. Your choice in divorce attorney can greatly effect your results. However, generally speaking, the divorce process consists of five steps after the initial filing.

The paperwork to file for divorce is called the summons and petition for dissolution. There may be additional documents needed depending on your circumstances.

After you file the initial paperwork for divorce the following five steps will occur, each with their own nuances and additional processes to help your divorce go as smoothly as possible.

Five Steps After Initial Divorce Filing

1. Temporary divorce order: You or your spouse may ask for a hearing so a judge can decide any temporary child custody, visitation, and support or restraining order disputes.

2. Discovery process: This is an exchange of information about each party’s assets, income and liabilities. In California, there are mandatory preliminary and final disclosures that must be made by both parties.

3. Agreement: You, your spouse and your lawyers will work on permanently resolving the issues mentioned in the dissolution.

4. Trial: If you are unable to reach an agreement, you and your spouse will go to court and a judge will make the decisions to resolve the conflicts.

5. Judgment: A final judgment ending your marriage can be entered six months after the day your spouse was served with the initial divorce paperwork. The court does not automatically end your marriage when the six months have passed.

Keep in mind that not every divorce will require all these steps, but these are the steps that occur in many divorce cases.