"IF I DON'T HIRE A LAWYER WHAT ARE THE STEPS INVOLVED IN A DIVORCE?"
- One spouse writes a petition (complaint) explaining why they want a divorce. They include how they want to divide up the property, how they wish the custody of the children to be handled, and how they want to settle the financial terms, including alimony and child support.
- The complaint is filed with the courts.
- The complaint is then served, or given to the other spouse.
- This spouse can then answer the complaint. This spouse can agree with the complaint or can indicate how they would prefer to deal with the issues involving property, children, and finances.
- The spouses exchange documents. These documents include anything about property owned and income for each spouse so that child support and alimony can be determined.
- A mediation or settlement can then resolve the divorce. This occurs when both spouses agree on all the issues involving the division of property, finances, and their children.
- If a settlement is reached between the spouses, their agreement is then shown to a judge.
- The judge will question the couple, usually to ensure that the division of property, child support, and alimony are fair for both spouses. If the judge approves, the divorce is final. If the judge does not approve (this is rare) then the couple goes to trial to decide the issues.
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