Guide to Legal Divorce Questions and Processes

Unfortunately, for many individuals in the United States, divorce is a fact of life. Of course, the divorce process can be terribly emotional and stressful and you may have many divorce questions. However, the better you understand the divorce process, the less painful it can be.

Of course, the step-by-step process for filing and obtaining a legal divorce is different in every state. But the divorce process generally begins with the filing of "primary documents." Primary documents often include a summons and complaint or a petition for the dissolution of marriage. The filing spouse will be considered the plaintiff or petitioner, and the non-filing spouse will be considered the defendant or respondent.

Once you file for divorce, the documents need to be served by the plaintiff/petitioner on the defendant/respondent. Then the defendant/respondent will generally respond with an answer. During the discovery process that follows, motions may be filed by either side, often to compel the other side to produce documents or testimony. Depositions may be held. Ultimately, if the sides cannot come together and settle the divorce, the court will grant a trial.

At trial, both sides will be permitted to produce evidence and testimony, to cross-examine the other side's witnesses and to argue their case. Issues that may be decided include property distribution, spousal support, child custody and child support.

Divorce laws vary by state, but, in general, the simplest divorce process is known as the "summary divorce" or dissolution process. It is a simplified method of legally ending a marriage involving less paperwork and fewer court appearances. In order to be eligible for a summary divorce, the couple must be married less than five years, have no minor children, not own property of significant value and agree to give up spousal support.

A traditional divorce is a more time-consuming divorce process that generally requires legal expertise to help couples through the process. A traditional divorce will involve information gathering, negotiating and more court appearances. If you feel that you will not be able to separate the emotion from the legal process, then a traditional divorce may be more suitable for you.

A "no-fault divorce" is a divorce process in which the spouse suing for divorce does not have to prove that the other spouse did something wrong. The spouse must simply state a reason for divorcing. Court-recognized phrases include "incompatibility," "irreconcilable differences" or "irremediable breakdown of the marriage." In several states, a couple may need to live apart for several months or even years in order to obtain a no-fault divorce.

A "fault divorce" may be filed when the proper grounds for divorce are present and at least one spouse files for it. Traditional grounds for a fault divorce include cruelty, adultery, desertion for a specified period of time, confinement in a prison for a set number of years or physical inability to engage in sexual intercourse if it was not openly stated before marriage. A fault divorce is usually chosen over a no-fault divorce because there is no waiting and time, and a fault divorce usually results in a greater settlement for the suing spouse.

To help expedite the divorce process and allow for the emotional wounds to heal, it is important to act rationally and keep correct documentation. Don't hold back or hide information about property and assets. If it is discovered that you have property or assets that have not been disclosed, the court can throw out your divorce petition. All you've done is slow down the process.

While you may want to start fresh as soon as possible, don't make plans to change jobs or relocate until the divorce process is over. New conditions and new situations can make matters more complicated.

Also remember your family ties. The court is not the place to get revenge on your spouse, especially if children are involved. You need to be truthful with your lawyer and your spouse to determine what is best for all parties involved.

The divorce process can be emotional, arduous and complicated, and you may very well need help from an experienced lawyer to help you navigate through. Choosing a good lawyer will help make the divorce process less painful. Most lawyers will offer a free consultation to discuss your case. This way, you can get a feel for the lawyer and see if you are a good match.

If you are filing for a no-fault divorce with limited complications, you can usually hire a lawyer to offer limited legal advice to guide you through the divorce process. If funds are an issue, and legal paperwork is not your strong suit, you may be able to find a paralegal who can help you through the paperwork and court matters for a limited fee. You will have to be more involved if you choose a limited legal process, but it may save you money. If you and your future spouse get along reasonably well, you may be able to work out arrangements using only a mediator.

If your divorce is more complicated, you need to hire an experienced attorney. Usually, the best way to find an experienced divorce attorney is to ask around. If no one you know can provide you with a reliable name, you can contact your local bar association for a referral. If you think you have a complicated divorce process ahead of you, be certain that the lawyer you choose does not just dabble in divorce. You'll want a lawyer that handles divorces regularly, if not exclusively.

Again, each state has different laws regarding divorce. Check out Web sites such as FindLaw and Divorcemag.com to help you get specific information about your state.

The divorce process is typically not easy for anyone, but it is essential that you be educated and informed at every step of the process in order to help you make the right decisions.