How Does The Divorce Process Work?

The divorce process is basically comprised of four phases:  Commencement Phase, Information Gathering Phase, Settlement Phase and Trial Phase.   Phase 1 is the beginning or commencement stage.  A divorce is commenced by the personal service on the other spouse of documents called the Summons and Petition for Dissolution.  Service of the Summons and Petition can be accomplished by a third party delivering the papers to the spouse or if the spouse is willing to acknowledge receipt of the papers by signing an “Admission of Service”, the papers can be delivered through the mail.  After the Summons and Petition have been properly served, the spouse will have 30 days to serve upon the initiating spouse his or her Answer to the claims in the Petition.  
 
The second phase of the divorce process is the informational gathering stage.  During this phase, information is gathered and exchanged regarding such things as the assets and liabilities of the parties, incomes and monthly expenses.   Lawyers are able to procure the necessary information through process of either formal or informal requests for documents and information.  Sometimes depositions of the parties are taken to gather information but generally the needed information is obtained through written requests for information.  This stage is often referred to as the “discovery” stage. 
 
Phase 3 of the divorce process is the Settlement Phase.  During this phase, settlement of the issues will be attempted through negotiation or by employing some form of alternative dispute resolution (ADR).  The most common form of ADR is mediation.  This is a process where a neutral third party assists the parties along with their lawyers in reaching settlement of the issues.  Mediation is a confidential process and the mediator does not have any decision-making authority.   

The fourth phase is the Trial Phase.  If the parties are unable to reach a settlement of all their disputed issues either through negotiation or some form of ADR, then any unresolved issues will be decided by a judge after a trial.  A trial is a process where each party is given the opportunity to present testimony and evidence on the disputed issues to a judge who then makes a decision for the parties.  Most cases never get to the trial phase due to settlement which is quite fortunate since the Trial Phase is very expense due to the great deal of preparation needed for a trial.

By: Lisa Watson Cyr

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Lisa Watson Cyr is a top attorney and author in Woodbury and St. Paul, Minnesota. Lisa offers a FREE Divorce Protection Kit at her popular blog. Visit Lisa's Blog at www.familylawmatters-mn.com for more expert information and your FREE Divorce Protection Kit. Lisa created the Divorce Protection Kit as a way of assisting the management of risk on many levels through the divorce process. Get your free Divorce Protection Kit at www.familylawmatters-mn.com