by Cheryl Bowman

Created on: January 17, 2009   Last Updated: January 31, 2009

Getting divorced is a large step in the lives of both spouses and their children, if any. Along with the stress of going through the divorce process you might feel as if you are lost in the whole process. Hiring an attorney can reduce some of the stress. An attorney can explain each step of the process to you, plus he is there if you have any questions about each step.

Depending on your situation, the divorce may take a few months or it may take a few years. The length of time depends on you and your spouse and how much you can agree on. If you fight tooth and nail for every little point, the process can take quite a while, especially when there are children and/or many assets and liabilities involved.

Knowing what the process involves and what is expected from you at each step helps reduce a lot of the stress that comes with filing for divorce. The first step is to contact an attorney to help you expedite the process by making sure all of the documentation required by the court is filed properly.

Once you have an initial consultation with and retain the attorney, you will get a packet of information and forms to fill out. Fill out all of the forms and provide all of the information requested, as it will be needed for the pleadings the attorney will file on your behalf. The pleadings include:

1. Petition for Dissolution of Marriage this pleading contains everything you are suing your spouse for. It must include everything, even if you do not want it, as once it is filed, you cannot go back and add assets, liabilities or actions once it is filed.

2. The Petition must be served on your spouse. It will be filed along with a cover sheet and a summons. The court will sign off on the summons, then a process server or sheriff will serve the Petition on your spouse.

3. Once the Petition is served on your spouse, your spouse has 20 days to respond. Your spouse must file an Answer and a Counter Petition for Dissolution of Marriage. If your spouse or your spouse's attorney does not respond within the requisite amount of time, your attorney can ask the court for a default hearing. If your spouse does not attend the default hearing, the court will, in most cases, grant the divorce and give you everything you asked for in the Petition.

If your spouse shows up for the default hearing, your spouse will have to explain to the court why she or he did not respond to the petition. The court will then rule whether the divorce will be granted immediately or order your spouse to submit

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