Traditional Divorce - What You Need to Know about the Process
Are you involved in a divorce that involves assets, children, or both? If so, there are three things you should know about the traditional divorce process before embarking on it: how long it will take, how much it will cost, and what issues must be resolved to finalize the divorce agreement. This article will cover each of these areas to help you get started on your journey through the traditional divorce process.
Traditional Divorce v. Uncontested Divorce
The major distinction between a traditional divorce and an uncontested divorce is that in an uncontested case, both parties have agreed on all issues related to assets and children. An uncontested case moves quickly through court, often in as little as sixty days. In a traditional divorce, the issues are not agreed so you have to involved the courts to help resolve the issues.
Prepare
The first step is to prepare and consider if a divorce is right for you. You should download our free guide to begin to identify the issues in your divorce and see what is contested and what is agreed.
File Divorce
The second step is the actual divorce filing. It involves drafting and filing the divorce petition and accompanying paperwork. From here, you can request a preliminary hearing if issues need immediacy addressed with the Court, or you can begin the discovery process to start formally identifying and valuing assets and working through contested custody issues.
Preliminary Hearing
The third step in a traditonal divorce is a preliminary or provisional hearing. This is typically a one hour hearing where the court will issue temporary orders with regards to possession of property, payment of bills, and child related issues. You will likely need a preliminarily hearing if you have disputes about who pays what bills, who will live in the marital residence, or how you should split parenting time between the parties. You may also need to request a preliminary hearing if you need child support or spousal support.
Discovery
Once the preliminary hearing is completed, the fourth step is discovery where evidence is gathered for your case. Here you can request information about bank accounts, debts, and begin to value assets such as businesses or real estate that you own. You can also do discovery mourned child related issues and begin to assemble school and medical records that could be relevant to child custody.
Mediation
If you are in a contested divorce, the Court will often require that you attend mediation. Mediation is a dispute resolution process in which people meet with a neutral third party (the mediator) who helps them reach an agreement on any and all issues—often including property division, valuation of assets, and child custody. A lot of cases can be completely resolved or at least partially resolved through the mediation process.
Final Hearing
If you are unable to reach an agreement at mediation or though negotiations, then you would need to proceed to a final hearing. This is typically a half to full day hearing where the judge will hear evidence as to your case and make a final determination on what will happen with property, custody, child support, and parenting time. This is where you have an opportunity to present multiple witnesses on your behalf as well as evidence to support your case.
How Much Does a Traditional Divorce Cost
A traditional divorce can typically cost between $5,000 and $15,000. The total costs vary depending on whether or not you have children and what assets need divided, but an uncontested divorce is far more affordable than an uncontested divorce. A tradional divorce can also be more affordable if your representation is based on flat fees.