Family Law and Divorce

Process for Filing for Divorce

The divorce process can be a complicated and lengthy process. Depending on your state’s laws, you might be able to legally separate before the court finalizes your divorce. This ensures that the spouses continue to meet their legal responsibilities to each other and to any children they might have. If your state does not allow for a legal separation, you might be able to request a hearing to file for a temporary separation agreement. This can be done after filing an original petition for divorce.

Filing Process

The following procedures are common to most divorces:

  • Original Petition for Divorce: Also known as a “Letter of Complaint” in some states, this document requests a court to grant a divorce and lists relief measures that the party filing for divorce is seeking. It also identifies any children the couple might have and reasons why the person is filing for a divorce.
  • Temporary Divorce Order: The court can then decide to grant a temporary divorce order which lists specific actions and obligations the couple will still have to one another and their children. If a spouse decides to violate this order, he/she might be fined or jailed.
  • Divorce Discovery: In this step, information about each party will be exchanged with one another, and this will form the basis for any claims or compensation a party might seek.
  • Divorce Mediation: During mediation, a court appointed attorney will lead a negotiation between the parties so they can come to an agreement.
  • Divorce Court: If mediation does not result in a settlement, a court will set a date where the two sides can argue their case in front of a judge.

The entire process can last from a few weeks to many months, if not years.

An experienced attorney will be of tremendous value and can guide you through each step of the process. For more information, contact the dedicated Oceanside divorce attorneys of Fischer & Van Thiel, LLP today.