What is the legal divorce process like?

Some divorces are simple and can be handled with a minimal amount of court involvement. Other divorces, however, are more complicated and take many different courses. The following is a basic outline of the divorce process.

• One spouse contacts a lawyer, who prepares a complaint setting forth the grounds of divorce.

• The complaint is filed with the court and served on the other spouse, together with a summons that requires the spouse to file a formal response.

• The spouse receiving the complaint must respond within the time limit prescribed.

• The parties, through their attorneys, may engage in "discovery," which is a process where the attorneys exchange written questions and requests for documents in an effort to gather the information necessary to address the issues raised in the divorce. In addition to Interrogatories, Requests for Production of Documents, and Requests for Admissions, discovery may also include the taking a depositions and/or issuance of subpoenas.

• At any time, the parties may attempt to reach a settlement. That effort may be initiated voluntarily or facilitated by the parties' lawyers or a neutral third party, such as a mediator.

• If a settlement is reached, a written agreement can be executed and submitted to the court.

• If the judge approves the agreement, he or she will issue a divorce decree that includes the terms of the parties’ agreement. If the judge does not approve the agreement or if no agreement can be reached, the case will go to trial.

• At trial, the attorneys will present evidence and arguments. The judge will hear the evidence and argument, rule on the matters presented and issue an order.