If you’re planning to divorce, you’ve probably wondered what the divorce process will involve. It can take anywhere from six weeks to months or even years, depending on the circumstances. The divorce process can be long, but if you hire a good attorney, it will be completed quickly. Here are the steps you can expect to go through. In order to make the process go faster, you should work with a knowledgeable lawyer.
During the initial steps, the parties will file legal documents to get the divorce. The first is the complaint or petition. This document asks the court for a divorce. It will also explain how property will be divided. After filing the complaint or petition, the court will schedule the first hearing. Both parties must receive a copy of the complaint and be summoned to appear at the hearing. In some states, the defendant can also request an enforcement order, which means that they can’t contest the divorce.
The next step is serving the papers. The plaintiff must serve the divorce papers by serving them on the defendant. They must be served by someone older than 18 and a New York resident. In order for the divorce process to move forward, the person must serve the defendant with the documents, and the person must file an Affidavit of Service to prove that they have served the documents in accordance with law. If there are no disputes, the divorce can proceed. If, however, there are any disagreements, the spouse may have to submit an Answer.
The third step in the divorce process is discovery. This is the stage where information is collected for the divorce. The process can involve informal document collection, but the formal discovery requests are much more thorough and time-consuming. The process can also involve depositions, which is a stage where a person has to testify under oath. Once this is done, the court can issue the final judgment and the divorce can proceed.
The divorce process begins with an initial hearing. This is where both parties can disagree and file a response. A response will show that both parties agree to the divorce and will avoid a court hearing, which will delay the process and cost more money. If the responding spouse fails to file a response, the petitioner can request a default. If the responding spouse fails to file he or she cannot produce documents, the divorce can be finalized and a final decree will be issued.
The Complaint. This is a document filed in a court of law. It states the grounds for divorce and the relief that needs to be granted. The court will decide whether the spouse has enough money to pay spousal maintenance and child support. If they have children, the Complaint can also be filed against the other party. After filing a Complaint, the other spouse has the right to file the complaint.