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The Best Way to Manage Your Divorce

By John Markus

Republish: EasyPublish™ Published: 20Jan2012 Word count: 585 Viewed: 104 time(s) Get Free Content For Your Site

For anyone considering a divorce, one of the many questions spinning around in the chaos is about time: how much of your life will your divorce consume? When will things return to normal? As divorce cases are all nuanced, there are many scenarios which may prolong the proceedings. Still it is helpful to have a basic idea of the necessary steps along the way, and you may be able to get a decent idea of your timeline, and even help the proceedings move along. While you can generally expect the divorce to take between six months and a year, any number of factors can slow down or speed up the process.

You may also benefit from knowing when to begin filing for divorce: this is another situation where timing is everything. Take stock of the events in your lives and talk with your lawyer about scheduling your case. Anything from starting a new job to your children moving away to the university, to your own achievement of a degree, and even health and medical factors can influence your case. So take these things into consideration, and you and your lawyer can plan ahead for the maximum ease and efficiency.

The proceedings begin with a petition for divorce, which your lawyer files. You get to decide when the papers will be served and/or when to inform your partner of your intentions.

Timing is once again a huge factor, and your strategic planning can work to your advantage if, for instance, it is a wise idea to have on record your request for divorce in early, then take a period of silence in which you and your lawyer can plan the next move. With the exception of cases that involve domestic abuse or similarly urgent cases, your lawyer will contact your partner by sending a letter indicating that you have filed for divorce. While you can choose to have the papers served by the sheriff's department or a private party, however the post is the most common method of delivery outside of Hollywood films.

Except in cases of domestic abuse, you will be required to prove that your partner is aware of the proceedings by either filling out the paperwork you've sent, or having the papers delivered by a formal process server (i.e., the sheriff's department). Ideally it should only take a couple of weeks to have the papers served and returned for approval. However, if your partner doesn't file the paperwork within 30 days and hire a lawyer, your case will be delayed. This is out of your hands, and you will just have to hope for your partner's cooperation.

Once your partner complies with this process, there will be a discovery period in which the two of you learn about one another's case. In general this process should not interrupt the flow of the case, but sometimes events can come to light which will influence the case. Generally speaking, such discoveries involve money: your partner may have been shaving funds from a joint account or family business to prepare for this very event. In these cases, the trial will be prolonged. The duration of the discovery period is established by rules in each circuit. In Cook County, for example, discovery is supposed to be completed within 18 months of the start of the case. In most contested cases, however, that deadline comes and goes without any fanfare. Judges routinely grant extensions during discovery.

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