What To Expect When Filing For Divorce

Filing for divorce can be one of the most emotionally and logistically overwhelming experiences of your life. Whether the decision is mutual or one-sided, the process often feels uncertain and intimidating at the start. But it doesn’t have to be. Understanding the steps involved can help alleviate fear and provide clarity as you embark on this significant transition.

In this guide, we’ll walk through what you can expect when filing for divorce, from initial filing to final resolution, in clear, straightforward terms. We’ll also share relevant facts and statistics to help you better understand what lies ahead.

Getting Familiar With State Divorce Laws

The divorce process varies depending on where you live. All U.S. states now offer no-fault divorce, which means you don’t have to prove wrongdoing — such as adultery or cruelty — to end the marriage. Instead, citing “irreconcilable differences” is typically enough. However, some states also allow fault-based grounds, which can sometimes influence decisions around property or support.

It’s also important to know the residency requirements in your state. Most require that at least one spouse has lived in the state for six months before filing. Some states go further and require you to reside in a specific county for a certain period as well.

According to the CDC, the U.S. divorce rate was 2.5 per 1,000 people in 2022, a continued decline from previous decades. But despite this drop, hundreds of thousands of individuals still file for divorce every year, each facing the same set of procedural steps.

Filing The Divorce Petition

To begin the legal process, one spouse (the “petitioner”) files a divorce petition with the court. This document outlines basic information such as the grounds for divorce, requests related to custody, support, and property division, and any temporary orders needed.

Once filed, the petition must be legally served to the other spouse (the “respondent”), who then has a limited time, usually around 20 to 30 days, to file a response. This step can set the tone for how contentious or cooperative the rest of the divorce will be.

Temporary Orders & Initial Court Hearings

Since it may take several months to finalize a divorce, either party can request temporary court orders to address issues like child custody, parenting time, spousal support, or use of the family home. These orders are legally binding and remain in effect until a final decree is issued.

Many people aren’t aware that these early decisions can carry significant weight. Judges tend to favor stability, so temporary orders often influence the outcome, especially when it comes to parenting arrangements.

Financial Disclosures & Discovery

Both spouses are legally required to disclose their full financial picture, including income, expenses, assets, and debts. This is known as the discovery process and is designed to promote transparency and fairness.

In some cases, you may be asked to answer written questions or provide documents related to your finances. If one party suspects the other is hiding income or assets, the court can order forensic evaluations, appraisals, or even subpoenas.

According to a survey by the Institute for Divorce Financial Analysts, 62% of financial issues in divorce are related to retirement savings and pensions, underscoring the importance of full and honest disclosures.

Negotiation, Mediation, Or Collaborative Divorce

Most divorces never go to trial. Over 90% of divorces are resolved through settlement, either through direct negotiation, attorney-assisted talks, or mediation. Many courts require mediation if children are involved, especially when custody or parenting time is contested.

Mediation can be a powerful tool, allowing spouses to reach their solutions with the help of a neutral third party, often resulting in less conflict, lower costs, and quicker resolutions. Some couples opt for collaborative divorce, which also emphasizes cooperation and keeps the process out of court.

Trial: When Agreement Isn’t Possible

If spouses are unable to agree on one or more issues, the divorce will proceed to trial. At this stage, a judge will hear arguments and make decisions about property, custody, support, and other contested matters.

While trials are relatively rare, they are sometimes necessary, particularly in high-conflict cases or when there are concerns about abuse, substance use, or financial dishonesty.

Trials can be lengthy, expensive, and emotionally draining. It’s worth noting that, according to the American Bar Association, the average cost of a contested divorce that goes to trial is more than $20,000 per spouse.

Finalizing The Divorce

Once an agreement is reached or a judge issues a ruling, the court will issue a final divorce decree. This document makes the divorce official and outlines the final terms regarding children, property, support, and future obligations.

The decree is legally binding. If circumstances change significantly down the line (such as a job loss or relocation), you can request modifications, but they must be approved by the court.

Emotional Preparation

Beyond the paperwork, divorce is an emotional process. It’s normal to feel overwhelmed, angry, or uncertain. The end of a marriage brings change, and that can be painful even if it’s the right decision. Having a support system, whether through friends, therapy, or a legal professional, can make a significant difference in how you move forward.

Modern Family Law

At Modern Family Law, we understand how difficult the divorce process can be — and how important it is to feel supported and informed. Our attorneys help clients navigate the legal system with compassion, clarity, and confidence. Whether you’re just beginning to explore your options or you’re ready to file, we’re here to help you take the next step.