LawsuitGuide.org

What to Expect: The Divorce Process

Last updated: April 10, 2026

The Divorce Process Step by Step

Phase 1: Decision and Preparation (Weeks 1-4)

  • Decide divorce is right for you
  • Consult an attorney
  • Gather financial documents
  • Open separate bank accounts
  • Consider safety if needed
  • Inform key people (employer, children gradually)

Phase 2: Filing (Week 4-8)

  • Petition for divorce filed
  • Served on spouse
  • Initial response time (typically 30 days)
  • Temporary orders if needed (custody, support, restraining)

Phase 3: Discovery (Weeks 8-26)

  • Financial disclosures by both parties
  • Asset and debt inventory
  • Income verification
  • Document exchange
  • Depositions if contested
  • Expert reports (business valuation, custody evaluation)

Phase 4: Negotiation or Mediation (Months 4-12)

  • Settlement discussions
  • Mediation sessions
  • Property division agreement
  • Custody arrangements
  • Support calculations
  • Many cases settle here

Phase 5: Trial (If No Settlement)

  • Pre-trial conferences
  • Trial preparation
  • Trial proceedings
  • Judge's decision
  • Final orders entered

Phase 6: Final Decree (End of Process)

  • Final judgment of divorce
  • Court orders implemented
  • Property transferred
  • Support payments begin
  • Custody schedules start

Typical Timeline

Type Duration
Uncontested 3-6 months
Mediated 6-12 months
Contested (settled) 9-18 months
Contested (trial) 18-36 months
Complex/high-asset 1-3+ years

During the Process

Communication with Spouse

  • Limit direct communication if conflicted
  • Communicate through attorneys
  • Document all interactions
  • Use co-parenting apps if children involved

Financial Considerations

  • Don't make large purchases
  • Don't transfer assets
  • Maintain payment records
  • Keep separate accounts
  • Don't close joint accounts unilaterally

Children

  • Tell them age-appropriately
  • Maintain stability
  • Don't speak negatively about the other parent
  • Follow custody arrangements
  • Consider counseling
  • Focus on their wellbeing

Self-Care

  • Counseling or therapy
  • Support groups
  • Friends and family
  • Exercise and health
  • Financial planning
  • Future planning

Tips for a Smoother Divorce

  1. Hire a lawyer early
  2. Be honest with your attorney
  3. Stay off social media
  4. Don't bash your spouse
  5. Document everything
  6. Focus on the future
  7. Pick your battles
  8. Consider mediation
  9. Protect children from conflict
  10. Plan for life after divorce

After Divorce

  • Update legal documents (will, beneficiaries)
  • Change your name if desired
  • Notify financial institutions
  • Update insurance
  • Refinance/transfer assets
  • Establish co-parenting routines
  • Build new support systems
  • Focus on personal growth

Need Legal Help?

Get a free consultation with an experienced attorney.

Get a Free Consultation

ATTORNEY ADVERTISING. This website may be considered attorney advertising in some jurisdictions.

This website is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by using this site or submitting a contact form. Prior results do not guarantee a similar outcome.

Get a Free Consultation

Connect with an experienced attorney. No cost, no obligation.

Get a free consultation with an experienced attorney about your case. No obligation, no cost to you.

ATTORNEY ADVERTISING. This website may be considered attorney advertising in some jurisdictions.