07 Feb 10 How To Obtain a Divorce in the United States

When people get married, they do not typically anticipate their marriage will end in divorce. However, about 50% of marriages end in divorce. Although the specific rules surrounding divorce vary by state, in general there are certain procedures that must be followed in order to obtain a divorce.

First, one party must file a petition for divorce with the proper court, meaning a court having jurisdiction over the matter. Typically, courts having jurisdiction to hear the divorce will include the state in which the marriage took place, the state in which the filing spouse resides and the state in which the non-filing spouse resides. The divorce petition must also be personally served on the non-filing spouse.

From that point the process is mainly in the hands of the divorcing spouses (and their attorneys) to work out a settlement which will involve a complete division of all marital assets, any custody arrangements (should be there children from the marriage) and any child and/or spousal support. Some states require a custody mediation to help determine the best custody arrangement, resulting in a recommendation the mediator will make to the court.

During this process, the parties will attend one or more court hearings so the judge can check in on the parties and find out the status of negotiations and whether or not the matter will likely be resolved through a settlement or if the divorce will proceed to trial.

There are two ways that a divorce is ultimately finalized. The first and most common way is through a settlement agreement, where the parties enter into an agreement that addresses all issues that must be resolved in the divorce (i.e., custody, spousal support, child support, division of all marital assets). When a settlement is reached, a written settlement agreement is drafted and signed by both parties. This agreement is then filed with the court. The judge will approve it and then issue an order decreeing that the parties are officially divorced.

If a settlement is not reached, then the divorce will proceed to trial where a final resolution will be decided by the judge. After hearing testimony and taking in other evidence, the judge will decide what child and spousal support will be paid, determine custody of any children and will make a determination as far as the division of all marital assets. He will then issue a judgement and order which will constitute the official divorce.

It is important to note that most states have a waiting period that must expire before a divorce will be deemed final and official. The purpose is to give the couple time to reconsider and reconcile. The waiting period length varies from state to state. The waiting time begins upon service of the divorce petition. Some divorces are not resolved by the time that period expires, while others are so amicable that the only left to do is wait out that time period so that the divorce is official.