A divorce starts with a divorce petition, which is written by one spouse (the petitioner) and served on the other spouse and filed in the proper court. A divorce petition is filed in a state court in the county where the petitioning spouse resides -- it does not matter where the marriage occurred. The petition includes all the important information regarding the marriage. It contains facts regarding the names of the husband and wife, names of any children, whether there is any separate property or community property, child custody, child support, spousal support and other information.
The petition must be served on the other spouse, which means presenting him or her with the divorce papers and giving notice that the papers have been filed. If both spouses have agreed to the divorce, then the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign the acknowledgement or is difficult to locate, then a professional process server should be hired to personally hand them the papers.
Completing the service of process starts the clock running on the 6 month waiting period in some states. It also sets automatic restraining orders on the spouses and helps establish the date of separation. This prevents spouses from removing any children from the state, selling any property, borrowing against property, and borrowing or selling insurance held for the other spouse.
The other spouse, known as the "respondent", then has the opportunity to file a response to the petition. Although not required, the filing of a response could effectively shorten the actual dissolution dates, plus it allows the respondent to participate in the action and shows that he or she agrees with the action. Thus, by filing a response, it is more likely that the case will proceed without a court hearing, which could end up taking longer and costing more. If a response is not filed within approximately 30 days, the petitioner may request that a default be entered by the court. In that case the respondent spouse will no longer participate in the process of the divorce. Therefore, it is always a good idea to file a response. Of course, the responding spouse may disagree with the information presented in the petition and would so state in the response.
Next, both spouses are required to disclose information regarding their assets, liabilities, income and expenses to each other. If the divorce is uncontested and the spouses can agree on the terms of the divorce without the need for a court, then there is just a little bit more paperwork to file. Once the court enters the judgment, the divorce is final, but the marriage will not be formally dissolved, and the spouses may not re-marry, until the end of the six-month period starting on the date the petition was served. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
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