How does the process start?
The legal divorce process starts with filing paperwork with the Court. The main document that you file is called the Petition for Dissolution of Marriage With or Without Children. This document provides basic information about the parties and asserts that the marriage is irretrievably broken and cannot be repaired.
Once you file this paperwork, you will be set for an Initial Status Conference. Prior to this date, you will need to exchange financial information, otherwise called 16.2 disclosures, which are documents that set forth the parties’ assets and debts.
The Initial Status Conference is an informal hearing with either a judicial officer or family court facilitator. At this conference, the judicial officer/family court facilitator will inquire about the 16.2 disclosures, the need for any experts, and whether a trial date needs to be set.
How long is the process?
A divorce may be granted in as few as 91 days, but most divorces take 6-12 months. If you and your spouse have an amicable divorce in which you have no children and the division of property is not disputed, it is possible to divorce in 91 days.
How many cases go to trial?
A majority of divorce cases settle. However, if you are unable to settle your case through mediation or negotiation between attorneys, you will proceed to trial, which is called a Permanent Orders Hearing. Divorce trials typically last 1-2 days and are determined by judges.