The Process of Divorce

Divorce can be a long process and you may have a lot of questions concerning what exactly happens when you file for divorce. Here is a step by step explanation to guide you through this difficult time.

Petition for Divorce

Usually, you will have to first file for a petition in order to begin the divorce process. This document will identify you and your spouse and also any children that you may share. There must always be a reason for the divorce. Most cases of divorce state that they either have “irreconcilable differences” or that you are “incompatible” with your spouse. There are a number of ways to serve your divorce papers. A sheriff may serve them to your spouse or they may be served by a professional who specializes in serving divorce petitions.

Divorce Orders

Divorce orders will outline what must be finalized in order to complete the divorce process. These orders can range anywhere from child support expectations, child custody, and spousal support.

Divorce Discovery

Divorce Discovery varies from state to state and will usually take up the bulk of your divorce process. This part of the divorce is used to gather information from both parties. Information could include bank statements or statements of income. This stage of the divorce can often be the most lengthy since one party may be hesitant to give up so much personal information for such a situation.

Divorce Court

Your case will go to divorce court if not successfully mediated. Your unresolved case will go before a judge. This is the stage where you can argue your case before a judge. The judge will then settle the divorce based on the evidence and documents from the divorce discovery.

Finalizing the Divorce

After going to divorce court, you will sign a decree of divorce. The final decree of divorce will state important issues like: child custody arrangements, alimony, and child support.

Appealing a Court Order

If the final decree of divorce leaves you unsatisfied then you may file for a motion for appeal. You will file for the appeal with the same judge you dealt with in divorce court. Keep in mind, the more assets you have and the presence of children will drag the divorce on longer.

Contact Us

If you are considering filing for divorce, utilizing a reliable and knowledgeable attorney is a valuable resource during divorce proceedings. To schedule a consultation with the San Diego divorce lawyers of Fischer & Van Thiel, LLP, contact us today at 760-722-7646.