What Happens After Filing for Divorce?

Friday, January 13th, 2017, 2:11 am

Going through a divorce is a very emotional time. Regardless of the reasons behind the split, ending a marriage is never easy. Between determining custody of the children, splitting the family household, and finding a way to return to single-life, there is a lot going on.

But how does the divorce process actually work? What happens after you and your spouse make the decision that the marriage is irreparable?

How the Divorce Process Works

 

There are various phases to the divorce process, each with different priorities and responsibilities for each member. To ensure the divorce process runs smoothly, both you and your spouse will need to have a basic understanding of what needs to be done during each phase.

Filing the Petition

 

To spark the divorce process, you or your spouse will need to file the divorce paperwork. The initial filing, known as a “petition” or a “complaint,” will let the courts know that you plan to end your marriage.

Serving the Petition

 

After one spouse files the initial paperwork, the other will be served with a petition. This petition lets them know that divorce papers have been filed.

The way the individual is served varies from state to state. When divorcing in Queens, you will need to follow the guidelines laid out by the state of New York on the proper way to serve the petition.

Answering the Petition

 

After becoming aware of the filing, the other spouse must file a response. They usually have a 30-day period where they must file a response. In answering the petition, the spouse must either accept or reject each point laid out in the original petition.

Not answering a petition within the designated timeframe means the court can assume they agree with the petition terms.

Discovery, Negotiation, and Trial

 

During discovery, you and your attorney will work to uncover all information and assets that your spouse has. You must also provide information and assets of your own to your spouse.

Once everything is on the table, you will begin negotiations to split and divide ownership and custody. If you’re unable to come to an agreement, you and your spouse will need to go to trial and a judge will set rules of division.

If you’re worried about the divorce process or still have questions, contact the expert divorce attorneys at FK Law Group, PC. With years of experience helping Queens residents through the divorce process, we can assist you through this challenging point in your life.

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