When parties cannot agree or one partner requires some type of immediate relief—initiating a divorce is the only option. To initiate the process, one party files a Complaint for Divorce. In order to file for divorce, one must be a resident of the state in which they are filing for 180 days and the county in which they are filing for at least 90 days. The complaint will allege a statutory ground – such as adultery or gross neglect of duty – as to why the marriage should be terminated.
Most divorces proceed on grounds of incompatibility and fault is not a consideration. However, the law requires that the party filing the complaint allege a statutory ground. After the complaint is filed, the non-filing spouse will be given the opportunity to answer, stating their own grounds for requesting the divorce.
The Process
In the initial filings, the parties are telling the court that there is some issue they are unable to agree on and are requesting the court’s assistance in resolving their differences. They are requesting the court resolve all the issues in the legal make-up of their marriage such as the division of marital property, alimony/spousal support, payments of debts, the care, custody and control of any minor children born of the marriage, and any other issues that must be determined in order to meet a final resolution.
What is a Temporary Order?
The parties may also request temporary orders in their initial filings. A temporary order is an order issued at the beginning of the case setting out parties’ obligations during the pendency of the action. Temporary orders are designed to maintain the status quo. When making temporary orders, a court may hand down orders that include, but are not limited to: custody, support, debt repayment, and property control. These orders are not necessarily the same as the final orders that the court will award when the case is resolved.
A restraining order is another form of temporary order which prohibits a spouse from transferring or disposing of property or harassing the other spouse. These orders, as well as temporary orders, may be modified by the court or the parties when appropriate.
What is the Discovery Process?
Throughout the pendency of the action, both sides will engage in the discovery process. This gives each the opportunity to gather documents and information that may be used during the course of the action to ensure an equitable split of all assets and liabilities.
