Divorce procedures vary by jurisdiction, but typically involve filing a petition, an initial hearing, and a final hearing if parties can’t agree. A settlement agreement can eliminate the need for a final hearing, but if no agreement is reached, a final hearing will be scheduled to resolve all disputed issues.
In most jurisdictions, when a married couple decides that the marriage isn’t working, they have the option of filing for divorce, often referred to as a dissolution. While laws and procedures may vary from one jurisdiction to another, the basic process is generally similar. Within the United States, each state determines the permissible grounds on which a divorce can be filed, as well as the procedures that must be followed. There are a number of steps that are common across states, including an initial divorce hearing and a final divorce hearing if the parties are unable to reach agreement on the issues. Initial, or pre-trail, divorce hearings are intended to inform the court of the parties’ position and to resolve any procedural or preliminary issues, such as discovery requests or to request interim orders. A final hearing is essentially a trial in which the judge or jury will decide on any disputed issues between the parties.
To initiate divorce proceedings, one of the spouses must file or file a divorce petition in the appropriate county court. In most states, the petition must be filed within the county where one of the parties is considered to live. The other party must then be legally served with a copy of the petition. Often, the court will also order that both parties appear for an initial divorce hearing at that point in order to determine whether each party has hired legal counsel and to get an idea of what matters are involved in the divorce.
The court may order, or a party may request, an additional divorce hearing at some point during the trial, but before the trial, in order to address issues such as discovery or ask the judge to rule provisionally on issues such as maintenance of children or possession of the marital residence. When minor children are involved, it is common to have a preliminary divorce hearing to determine who will have temporary custody of the children while the case is pending. Discovery issues such as sharing financial records between parties may also require the judge to rule at the hearing.
If the parties are able to reach a mutually acceptable settlement agreement that resolves all matters relating to the divorce, some states will allow the parties to opt out of a final divorce hearing. In such a case, the parties will simply present the agreement in writing to the court and the judge will sign, making the divorce final. In other cases, a final uncontested divorce hearing is required, where the judge will review the terms of the settlement in court. If, however, the couple cannot reach an agreement, a final hearing for the contested divorce will be scheduled. It is essentially a process in which the judge, or jury, if asked, will rule on all the disputed issues in the case, after which the decisions become court orders as part of the divorce decree, and the parties are divorced.
Protect your devices with Threat Protection by NordVPN
