To initiate a contested divorce, one party (the petitioner) must file their petition for divorce with the court. Once the petition is filed in court, the petitioner must serve the other spouse (the respondent) with copies. By law, the respondent spouse only has 20 days to file an answer with the court.
Usually by this time both parties have hired their own attorney. The attorneys will collect retainer fees from each spouse. Once the attorneys complete the filings of documents the divorce proceedings can commence. The important “discovery phase” each party can request and obtain crucial information to help their cases.
Parties may have the opportunity to go to mediation before trial.
At any point before the trial, spouses can work together to reach a resolution. If this is possible, a trial can be avoided altogether. If not, a trial may be a necessary step to finalize the divorce.
