What is the process for divorce – how does it get started?
To begin the divorce process in a litigated case, a petition for divorce must be filed with the district clerk for the county where the divorce will be granted. The party filing the divorce is the “Petitioner” and the other spouse is the “Respondent.” The Respondent must be served with process (i.e., served with the petition for divorce by a constable or process server authorized by the court) and given the opportunity to respond by filing appropriate pleadings with the court. Often times, a temporary orders hearing will be held a few weeks after the petition has been filed, and ultimately the case will be set for trial. While the divorce is pending, written discovery maybe exchanged, depositions may be taken, and motions may be filed on various issues, requiring court hearings. The procedure may be different in a collaborative case because the parties may agree to file a joint petition for divorce. Under such circumstances, neither party would have to be served with process. The parti
