Well, whether you have a contested divorce or an uncontested divorce the process starts the same way and that’s by letting the court know that one party is seeking a divorce. This is typically done through a summons with notice or a summons and complaint that’s filed with the court. The next step is for the party who’s been served to make their appearance known and/or to put in an answer. If you put it in an answer, you’re letting the court know whether you agree or disagree with the allegations in the complaint and what relief you might also seek.
The next step now will differ depending upon whether you’re going to do mediation or litigation. Remember, in a mediated divorce the parties reach a mutual agreement together and then enter into a stipulation settlement, which is filed with the divorce papers. That stipulation of settlement tells the court what’s going to happen to the party’s children, who’s going to support them and how assets will be divided.
In a litigated divorce you’ll need to go to court and then the court is going to determine how assets will be divided, who will have custody of the children, and who will support them. The good news, though is that our office does meditation and litigation so when you come in for your consultation, we’ll evaluate the pros and the cons of either approach and really help you get through the basics and learn all about the process and select what’s best for you.
In addition, you can check out the resources that we have on our website. We built it just for you to have information right at hand to help answer your questions now. Thank you.