Deciding to Divorce Is the First Step—Here’s What Comes Next

Once you make the decision to divorce, you may be confused about what should come next. Your first step should be to schedule an appointment with an attorney who can advise you on the best course of action for your case. In some instances – for example, when you and your spouse remain on good terms – it may be beneficial to try to resolve your case prior to filing a complaint for divorce. In other cases, it may be that time is of the essence and filing the complaint for divorce as quickly as possible is necessary to maintain the status quo and preserve assets.

At an initial consultation, an attorney will meet with you to discuss the facts of your case, often including your children, any discussions about custody and parenting time, your assets and liabilities and your hopes for the final resolution of your matter. You may also talk to the attorney about what cause of action you will file your complaint for divorce under. In most instances, people file under the no fault provision, known as irreconcilable differences. This essentially means that there’s no real reason for the divorce, but the marriage is not sustainable. However, there are many other causes of action, and you may wish to file under one of those provisions.

If you decide that you would like to continue to be represented by that same attorney as you move forward with your divorce, you will be asked to sign a retainer agreement and will be required to pay the retainer fee. The retainer agreement outlines the rights and responsibilities of both the client and the attorney. The amount of the retainer fee varies based on the specific circumstances of your matter. This retainer fee is also utilized for the costs associated with your case, including things like the fee charged by the Court to file your complaint for divorce.

Your attorney will draft a complaint for divorce based on your prior discussions. Once you review the complaint and sign off on all of the necessary documents, your attorney will file it on your behalf. It often takes a few weeks for the complaint to be returned from the Court. Once it is received by your attorney, you will be contacted and asked how you want your spouse to be served with the complaint. Once the complaint has been served on your spouse, he or she has 35 days to file an answer and counterclaim. When these documents have been filed with the Court, the Court will begin scheduling Court dates in order to manage the case and ensure that it moves along per the Court rules.

If you have decided to divorce and have additional questions about the process, schedule a consultation with the attorneys of DeTorres & DeGeorge.