From Filing to Settlement or Trial
Divorce begins with a petition or complaint for dissolution of marriage filed in a court with personal jurisdiction (residency or consent). The filing party is the petitioner; the other is the respondent. The respondent has a period (typically 20 to 30 days) to respond. Once response is filed, the case moves to discovery, where each side requests documents, asks interrogatories, and takes depositions. Mediation often occurs next, either ordered by the court or initiated by the parties, in an attempt to settle property division, custody, support, and other issues. If settlement is reached, a stipulated decree is presented to the judge (usually approved with minimal review). If not, the case proceeds to trial.
Trial, Decree, and Finality
At trial, both parties present evidence on property division, spousal support, custody, and child support. The judge decides (divorce is a matter of law, not jury trial). The judge issues a decree that sets forth the division of assets and liabilities, custody and support orders, any restraining orders, and the effective date of dissolution. Divorce is final when the decree is entered, though some states impose a waiting period before finality (to allow reflection or ensure notice). Post-divorce, modification of custody or support is possible if there is substantial change in circumstances. Most states adhere to no-fault divorce, so irreconcilable differences alone suffice; fault grounds (adultery, cruelty) are available in some states but are becoming rare as triggers for fault-based grounds.