It can be among the most ugly legal processes there are: the divorce process. Why is it so ugly? Because when people are going through a divorce, it is necessarily a difficult time in their lives. Other legal processes don’t necessarily come at these difficult times, but any time someone is going through a divorce, there are a great degree of problems involved. Legally, the divorce process is simply a dissolution of a legal arrangement that already existed - but there are a lot of other factors to consider when two people separate their homes, their property, and even make plans for child custody. Let’s take a closer look at the divorce process to understand all that has to take place.

It all begins with a divorce petition - typically, these are the first forms someone would fill out after they say “I want a divorce,” as you’ll see in TV and in movies. These are the papers that will be served your way if you’re not the one filing the petition - and then these forms are then filed with state courts in order to begin the divorce process in earnest. What’s on these forms? Quite simply, it will list information about the marriage, including the names of the parties involved, listing children as well as property as a way of “initializing” the proceedings that are about to begin.

When the papers are being served to the other spouse, the process is called “service of process.” In many cases, the other side has no choice but to concede to the divorce. If, at this time, the other party doesn’t want to sign or is hard to locate, a professional server can be hired to make sure that the process goes through in accordance with state law.

When this form is filed with the state, a certain number of effects kick in. For one, a waiting period may kick in - the waiting period will vary from state to state. There are also limitations put on each spouse’s behavior - absconding with the children to another state, for example, will not be permitted. The various different things that divorcees have tried at this point are already considered by the law and typically banned by your individual state laws.

If the “respondent,” or the person reacting to the papers for divorce being filed by the other spouse, is uncooperative with divorce proceedings, typically it will lead to a court hearing where a court can rule on the state of the marriage as well as issues that need to be sorted out in order for a divorce to take place.

At a certain time, both divorcees will need to report all of their financial information and property so that they can then begin settlement proceedings - typically, these settlements will be negotiated between the two parties with laywers present so that everything is agreed upon. If these things are agreed upon, then the two can sign the forms and move on with the divorce. If not, there will be more trouble for each party. That’s why divorce can be so hard - but with a good lawyer, at least things can go smoothly.