Divorce

After the divorce papers are filed and served, how the divorce goes forward will depend on what your spouse does next. Here are a few different possibilities of what could happen:

• If your spouse agrees with everything in the divorce papers, s/he should sign the papers and send them back to you and/or the court. This is called an “uncontested divorce.” If there is property that you need divided, if custody of children is an issue, or if you need financial support from your spouse, you will have to agree about those issues in an out-of-court settlement in order to have an uncontested divorce. Note: In some states, you can file a joint petition together with your spouse if all issues are agreed upon.
• If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
• If your spouse disagrees with anything in the divorce papers, your spouse will then have the opportunity to file papers telling his/her side and asking for the outcome s/he wants. This is called a “contested divorce.” Even if your spouse agrees that s/he wants to end the marriage, a disagreement on property, finances, custody, or other issues means you may have to attend a series of court appearances to have a judge decide those issues. This time between court appearances might include:
  1. sharing (disclosing) financial information;
  2. answering written interrogatories or participating in depositions, which is known as discovery;
  3. participating in mediation;
  4. court-ordered interviews or evaluations to establish custody and visitation; and
  5. establishing child support.