Getting Served With Divorce Papers
The dreaded event -- being served with divorce papers -- is an even often cited in popular culture. You're probably read a novel or watched a movie where one of the characters was in a deep depression, explaining their black mood by saying they had just received divorce papers.
All the other characters in the scene nod empathetically and make sympathetic noises as they commiserate with the soon-to-be-divorced person. In other fictional works, one character tries to get their spouse to sign divorce papers. So, what's the big deal about divorce papers? What are they, anyway?
What Are They?
Divorce laws vary from state to state, so the papers required to get a divorce in each state will be different, depending on where you live. You should never rely on the Internet for legal advice, but you can get a general idea of what divorce papers entail by doing some simple searches.
The opening documents in most divorces are a summons and a complaint, or a petition to dissolve the marriage. Getting married creates a contractual legal relationship between two people, and the purpose of this set of divorce papers is to ask a judge to end that legal relationship. The petition does just that: it petitions the court for an order - a divorce decree - that dissolves the partnership between the married couple. The summons is served on the non-filing party, along with a copy of the petition, to "summon" him or her to the court so they can respond to the petition.
In some states, and in some circumstances, the non-filing party will file a divorce paper known as an answer or response. This document is usually only filed if the non-filing party opposes the divorce or wants the court to divide the marital property a certain way, or if the non-filing party wants to ask for attorney fees, child support, or spousal support.
After the initial papers are filed, the parties try to work out an equitable property division and support arrangements. By far, most cases are resolved at this point. Some couples require the assistance of mediators, arbitrators, and attorneys to accomplish the property division and support arrangements.
Other couples - especially those without children or property - can agree to call it a day without involving other parties. They divide their property, sign an agreement, and all that remains is to turn the divorce papers in to the court and wait for the judge to sign them.
The final divorce paper is the divorce decree that the judge signs. This document is usually called a judgment or order of dissolution, and it dissolves the marriage on a particular date, usually about 30 days after the judge signs it.
