Is Divorce A Complicated Process?

The divorce process is made up of four phases or stages: Commencement Stage, Information Gathering Stage, Settlement Stage and Trial Phase. Stage 1 is the beginning or commencement stage. A divorce is originated by the personal service on the other spouse of papers called the Summons and Petition for Dissolution. Service of the Summons and Petition can be carried out by someone other than the involved parties transferring the papers to the spouse or if they are willing to accept the documents by signing an Admission of Service, the forms can be delivered through the mail. After the Summons and Petition have been properly served, the partner will have 30 days to reply to the initiating spouse with their answer to the claims in the petition.

The second phase of the divorce process is the Informational Gathering Stage. During this phase, information is collected and shared in regards to such things as the properties and liabilities of the parties, benefits and monthly expenses. Lawyers are able to corral the needed documentation through process of either formal or informal inquiries for documents and information. Manytimes sworn statements of the parties are taken to collect information but for the most part the needed information is retrieved by requesting the information in writing. This phase is generally called the discovery stage.

Stage 3 of the divorce process is the Settlement Phase. When this stage occurs, conclusion of the challenges will be attempted through discussion or by using some form of alternative dispute resolution (ADR). The most familiar form of ADR is mediation. In Mediation a neutral person aids the persons along with their lawyers in tying up the issues. Mediation is a confidential process and the mediator does not have any decision-making authority.

Last but not least is the Trial Stage. If the parties are unable to agree to a dissolution of all their disagreements 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 procedure where each party is given the chance to confer testimony and evidence on the issues at hand to a judge who then makes a decision for the persons. Cases rarely ever get to the trial phase due to settlement which is very fortunate since the Trial Phase is very expensive due to the enormous of preparation that a trial needs.

By: Lisa Watson Cyr

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Lisa Watson Cyr is a leading attorney and scribe 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 additional expert information and your FREE Divorce Protection Kit. Lisa created the Divorce Protection Kit as a way of assisting the management of risk on several levels through the divorce process. obtain your free Divorce Protection Kit at www.familylawmatters-mn.com.