What are the Procedures to Obtaining a Judgment of Divorce?
First of all, you must appoint a lawyer to represent your best interests in the divorce proceedings. Your lawyer will give you a consultation session, where he or she explains the steps and procedures involved in obtaining a divorce. You will have to agree to a retainer (contract between the client and law firm) and pay a fee in order to begin the complaint for divorce.
The next step is to decide how you wish to initiate your divorce complaint. Read the following sections–uncontested divorce or contested divorce—and decide which is right for you.
Uncontested Divorce
An uncontested divorce is one in which there are no disagreements. Both parties are willing to agree on every single issue involved in the divorce procedure. Uncontested divorces are not very common because the nature of a divorce is an emotionally charged disagreement. All the factors that lead up to the divorce will be raised and both parties may feel that the other person is getting the better end of the deal. If you and your spouse are able to proceed with an uncontested divorce, the charge is usually lower than contested divorces because there is not as much work for the lawyers to do.
Contested Divorce
A contested divorce is one in which there is one or more areas of disagreement between the parties. Your lawyer has many options for handling all the individual issues involved in the divorce proceedings.
There are many ways to initiate divorce proceedings, including: a separation agreement, summons with notice, summons with verified complaint, order to show cause for emergency relief, and Family Court petitions, followed by previous items. Here is a brief explanation of each option to discuss with your lawyer in the initial consultation.
Separation Agreement
You can initiate a divorce with a separation agreement that has been filed one year prior to a divorce complaint. Both parties agree to the terms and conditions of a separate living arrangement. The agreement must be signed in the presence of a notary public and then filed with the county clerk in the county in which one of the parties resides.
Summons with Notice
You can initiate a divorce by filing a summons with notice. The summons with notice must be served within 120 days. Once the defendant has received the summons, he or she has 20 days to answer.
Summons with Verified Complaint
You can initiate a divorce by filing a summons with verified complaint. This summons states your reasons, or complaint, for filing a divorce. You can also include ancillary relief in a summons with verified complaint (child custody, child support, visitation, spousal support, equitable distribution of marital property, health and/or life insurance, and more). Your spouse has 20 days to answer to your complaint.
Order to show cause for emergency relief
You can initiate a divorce with an order to show cause for emergency relief, such as: exclusive use occupancy of the house, temporary restraining order, immediate custody of the child (ren), spousal support, payments for child support, payment for bills, payment for mortgage or rent, and more. This grants you immediate relief from the beginning of the divorce complaint until the divorce judgment is granted.
Family Court Petitions
You can initiate a divorce with a family court petition for: child custody and visitation, child support, or an order of protection.
Once the divorce complaint is filed, served, and answered by the defendant, the issue is joined. The matter is handed over to the courts with all the proper fees and paperwork. At this point, the divorce proceedings can be either straight-forward or complex, depending on whether there are no disputes to be resolved or several disputes between the plaintiff and defendant that still need to be resolved. It is advised that you speak with your lawyer about the steps taken from this point on.
