Beginning the Divorce Process

A divorce is started in court when a complaint is filed. The complaint needs to state the grounds for the divorce, but the most common grounds are either irretrievable breakdown of the marriage (either contested or uncontested) and cruel and abusive treatment. There are additional grounds for divorce and your attorney should discuss these with you because the grounds used for divorce can affect how long the divorce process will take. After the Complaint is filed, the Court issues a Summons. You and your attorney will need to deliver the Summons to your spouse with a copy of the Complaint. Attorneys will usually use a process server to deliver (also referred to as serve) the summons and complaint. However, if your spouse already filed a Complaint, then you and your attorney need to prepare and file an Answer. You may also file a Counterclaim that asks for a divorce. If you have already been served with a Complaint for divorce it is best to seek advice from an attorney right away to discuss your rights and options. By waiting to speak with an attorney, the more you are at risk of waiving your rights in the proceedings because of the time sensitivity of the Court rules.