What Happens After Filing for Divorce?

Divorce is permitted in all states.

Marriages are terminated either through annulment or divorce. Though some states still recognize common law marriage, not requiring a formal marriage ceremony, no state allows common law divorce. Thus, couples seeking a divorce must file with the state court.

Basics

Even before a filing takes place, the party filing for divorce needs to be able to meet specific requirements as established by each state or risk the case being thrown out of court. These include meeting both a residency requirement and establishing the proper grounds upon which the divorce is based. If, after filing, neither of these requirements are met, or can be shown to be defective, the judge can dismiss the divorce.

Procedures

After one spouse files, the other is granted time to file a response. After that, both parties must attend at least one court hearing on the petition. The more contested the divorce, the longer this process takes. Some states also require a waiting period before the court can take final action. Though it is difficult to ascribe legislative intent, according to KPHO.com, states with longer waiting periods have lower divorce rates, and legislatures may enact such periods to encourage couples to stay together.

Parties

Divorce involves at least three parties: the spouses and the court. The party filing for the divorce, commonly known as the petitioner, initiates the process. The other spouse, typically called the respondent, must respond. If attorneys represent the parties, they can negotiate a divorce settlement or contest particulars after the action is filed.

Effects

When the divorce petition is filed, the court could immediately order both temporary custody and support. The court can also issue temporary restraining orders limiting both parties from destroying or disposing of marital property. If a divorce is granted, the parties become single and are legally able to remarry. Divorces can also come with court orders concerning alimony, child custody and child support.

Misconceptions

Filing for divorce or separation does not constitute divorce in itself; the court must still grant the petition. Filing also does not mean any temporary custody or support orders will last. The court can issue new orders as long as the divorce is pending. Even after it is finalized, the parties can still amend the divorce, though they must meet certain conditions, such as remarriage or experiencing a decrease in income.

References

• Cornell University Law School: Divorce
• OregonFormsHelp.org: Frequently Asked Questions and Answers About Divorce in Oregon
• KPHO.com: Bill Would Triple Waiting Period For Divorce