Divorce is a multi-step process governed by the laws in your jurisdiction, terminating with the issuance of the decree. Depending on what state your live on, divorces can take anywhere from less than a month to 6 months until the certificate is issued and the divorce is finalized. Below is a general chronology of divorce procedure and where the divorce decree falls within the process
The spouse served with the complaint has an opportunity to respond.
In this step couples exchange documents and other information about issues such as property and income.
If the parties agree after the exchange of documents on the terms of the divorce then a settlement can occur. The settlement is the agreement about the terms of the divorce and the equitable division of marital property. With a general eye towards fairness the judge will look over the agreement one last time and then issue a divorce decree indicating what the parties have agreed to. Certain matters such as child support and health insurance are addressed by state guidelines.
If the parties can't agree a trial will occur. During trial both side's attorneys present evidence and arguments for contested issues. The judge then decides any unresolved issues using the applicable laws available to him or her. Once the judge decides the resolution of the issues in the divorce agreement, she grants a divorce.
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