Divorce

Divorce Procedure

Divorces may be uncontested or contested. An uncontested divorce can be granted when the parties agree on all issues such as child custody, support and property division. It may involve the filing of papers at the courthouse and, perhaps, a brief appearance before a judge.

A contested divorce, where the parties cannot agree to terms, resembles a standard lawsuit with a trial before a judge.

In some states, mediation is part of divorce procedure for spouses who cannot agree on the terms of a divorce. Mediators are used in place of judges to resolve disputes on matters like child custody, visitation, and property settlements. You and your spouse can meet with the mediator to discuss the issues and work out an agreement acceptable to both of you. Lawyers and judges are usually not present during mediation sessions and formal legal procedures do not apply. A judge will decide the issues if you are unable to resolve them through mediation.

After the judge grants a divorce, you may have to wait a short period before remarrying. The waiting period ranges from one day to one year after the judge’s approval of the divorce depending on the state.