What Can I Expect During the Divorce Process?

Every divorce case is unique. What happens during the divorce process will depend upon the issues that must be resolved, the level of cooperation between spouses, and the method used to divorce. However, every case must generally follow the same procedures and steps. If you’re facing divorce, knowing what to expect during the legal process can help ease the emotional stress you might be feeling due to the uncertainty and fear of the unknown.

Here are the following steps you can generally expect during the divorce process:

1. Filing the Summons and Complaint

Regardless of whether a case is uncontested or contested, a divorce action must be commenced in court by filing a summons and complaint. While the summons officially notifies a spouse that a divorce action has been started, the complaint outlines the basic information in the case and the relief the petitioning spouse is seeking. These documents must then be served on the other spouse, who will have a certain amount of time to answer. If the respondent spouse fails to respond to the complaint, the petitioning spouse may request a default divorce, which would allow the divorce to proceed without the participation of the other spouse.

2. Financial Disclosure

In every divorce case, mandatory financial disclosure is required. Both spouses must be transparent regarding their assets, income, and debts. Typically, spouses will need to file tax returns, pay stubs, bank statements, retirement account statements, mortgage statements, and credit card statements with the court, and exchange them with each other. Concealing or failing to disclose financial information during the divorce process can result in serious penalties, including contempt of court charges. A judge might also award a larger share of marital property to the innocent spouse.

3. Discovery

In litigated divorces, discovery is the formal process where spouses exchange information with each other in order to learn about the other spouse’s position and gain evidence. Although divorces that are mediated outside of court do not require formal discovery, financial disclosure must still be made between spouses. There are several tools that can be used during the discovery phase of litigation to acquire information, including the following:

• Depositions: Depositions are question-and-answer sessions that take place under oath, outside of court. During a deposition, a court reporter will record the testimony, which can later be used to explore inconsistencies, impeach a spouse at trial, and negotiate a settlement.
• Interrogatories: Interrogatories are written questions sent to the opposing party, which must be answered under oath. They can cover a broad range of topics relevant to the divorce and address questions concerning sources of income, vehicle ownership, employment history, and other matters.
• Requests for production: The parties in a divorce can demand specific documents by using requests for production.
• Requests for admission: Requests for admission are written statements that the opposing party must either admit or deny. They can help the parties agree on foundational facts of the divorce to help streamline the process.
• Subpoenas: Subpoenas are court-issued orders that command a third party to release documents or information. During the divorce process, they might be used to obtain documents from banks, employers, investment firms, or healthcare providers.

Depending on the issues in the case, discovery can be the most time-consuming and costly part of the divorce process.

4. Motion Practice

In a litigated divorce, the attorneys will typically file motions asking the judge to render rulings on issues in the case prior to trial. One party will draft the written motion and the other party will respond. A hearing may also be scheduled where both parties will argue their positions before the judge and raise evidence to support their arguments. Some of the most common motions used in divorce can include:

• Motions for temporary orders: A party may request a judge to rule on spousal maintenance, child support, and child custody while the divorce action is pending.
• Motions to compel: In some situations, it may be necessary to file a motion to compel a spouse to hand over necessary financial documents or comply with other discovery requests.
• Motions for exclusive use: A spouse might file a motion for the exclusive use of the marital residence or a vehicle while the divorce case is proceeding.
• Motion for contempt: If a spouse refuses to comply with a court order, the other may file a motion for contempt to hold them accountable.
• Motions for summary judgement: A spouse may file a motion for summary judgment before trial, asking the judge to rule in their favor without a trial, because there are no factual issues in dispute.

Importantly, spouses do not need to hand over the issues in their case to a judge by filing motions. Even in a contested case, spouses are free to decide the issues for themselves without judicial intervention.

5. Mediation

Spouses can enter into mediation at any time to settle the matters in their case outside of court. However, for those who are committed to resolving the issues in their case through mediation from the outset, considerable cost and time can be saved that would otherwise be spent on litigation. Mediation uses a neutral third party, called a mediator, to guide settlement discussions. Once the spouses have reached a resolution, a settlement agreement can be drafted and submitted to the court to become a binding order.

6. Settlement Conferences

Judges prefer spouses to make their own decisions in divorce regarding the issues that will impact them for years to come. During the contested divorce process, a number of settlement conferences may be scheduled to clarify issues, encourage negotiation, and ensure the case is progressing toward a resolution. The judge may meet with both spouses together, or just the attorneys, to promote a settlement.

7. Trial

In the event that the parties agree on the issues that must be resolved, a trial is not necessary. But if any issues in the case cannot be settled, a judge will need to decide them at trial. During trial, a judge will listen to each party’s arguments, evaluate evidence, and make binding decisions on the issues in dispute.

Contact an Experienced Missouri Divorce Attorney

If you are going through the divorce process, having a knowledgeable and compassionate divorce attorney by your side can make all the difference. Divorce and family law attorney Mark A. Wortman is committed to providing reliable counsel for clients facing divorce and a wide range of family law matters in the greater Kansas City, Missouri area. Schedule a confidential consultation to learn how he can help by contacting Mark online or by calling (816) 523-6100.