- All states require one of the parties to file a petition for dissolution of marriage. The petition asks for relief for the petitioner. The petition is served on the respondent. The respondent has a set number of days, counted from the date served, to file a response. A response can be an answer and counter petition or it might be some other pleading, such as a motion to dismiss.
- All states except Alaska, South Dakota and Washington have a residency requirement. The time you must live in a state before filing a petition for dissolution of marriage depends on the state and varies from six weeks to one year. There are some exceptions to the residency requirements of some states.
- In Massachusetts, if the cause for the divorce happened in the state, the parties do not have to meet the residency requirement. If the cause for divorce happened in a different state, the parties must meet a residency requirement of one year. In New Jersey, the residency requirement is required, unless adultery was committed. In South Carolina, if both spouses are residents, there is still a residency requirement, but it is shortened to three months. In West Virginia, the residency requirement is waived if one spouse is a state resident. If the parties were married in a different state, the residency requirement of one year applies.
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A contested divorce happens when the parties cannot agree on the distribution of assets, custody and visitation issues and spousal support. If a divorce is contested, the parties must provide each other (or each others' attorneys) with "discovery." Discovery entails all financial records, including financial statements for retirement accounts, credit card statements and deeds. Each party must also file a family law financial affidavit stating the amount he earns and the number of bills he pays each month.
If there is a custody battle, the parties might be required to undergo psychological evaluations and home studies. If the parties are caught hiding assets, they may be held in contempt of court and as a penalty for breaking the law, could lose some of the assets to the other spouse.
Occasionally, the parties end settling in mediation or on their own. The divorce then becomes uncontested and the marital settlement agreement is incorporated into the final judgment. - In an uncontested divorce, a petition must still be filed. The respondent must also file an answer. If both parties agree, they do a limited discovery process by filing their family law financial affidavits. A marital settlement agreement is drafted (by the parties or their attorneys) and signed by the parties. The marital settlement agreement is incorporated into the final judgment.
