What Is Action for Divorce?

By Wayne Thomas

A divorce is legal in nature and proceeds much like any other lawsuit. For that reason, the process for obtaining a divorce is often referred to as an "action for divorce." Although states can vary on the specific steps, the purpose of a divorce action is to legally dissolve the marriage and settle matters related to property, spousal support, and child custody and support.

Overview of a Divorce Action

A divorce action starts with one spouse filling out and filing a complaint for divorce. The complaint includes the reason for divorce, also known as the grounds for divorce. Grounds differ from state to state, but all states have no-fault grounds, such as separation for a period of time, while most states also have fault-based grounds, such as adultery. The next step is to provide a copy of the complaint to the other spouse, typically in person through the assistance of a sheriff or process server. The receiving spouse has a set amount of time to respond in writing. The parties are then provided with a period to exchange information and reach agreement on the major divorce issues. If they cannot agree to the terms of their divorce, the court schedules a trial, and then issues a final divorce judgment after both parties present their cases.

Divorce is never easy, but we can help. Learn More
Contested Divorce Procedures


Related articles

Steps to Filing for Divorce in Pierce County, Washington

The state of Washington permits you to obtain a divorce if you or your spouse is a resident of the state. State law governs divorce cases, although each county court has its own rules regarding legal filings and fee schedule. In Pierce County, as in other Washington counties, the process begins with the filing of a Petition for Dissolution of Marriage.

What Forms Are Required to File for Divorce in Michigan?

Michigan has afforded spouses the opportunity to obtain a no-fault divorce since its divorce laws were revised in 1972. Since that time, divorces have been relatively easy to obtain, especially if both spouses agree on all the terms of their divorce, starting with the no-fault ground of breakdown of the marital relationship. The timetable for divorce in Michigan can vary, depending on the complexity of issues and cooperation of the parties.

Do Both Parties Have to Be at Court for a Divorce Hearing in CT?

When you think of divorce, images of couples battling every step of the way often come to mind. However, when spouses can agree on the major issues regarding the ending of their marriage, finalizing the divorce is often relatively painless. Although Connecticut law does not require both spouses to attend the final hearing if they are in agreement, it’s often in a party’s best interest to attend.

Get Divorced Online

Related articles

Difference Between Divorce & Dissolution of Marriage

Most people try to avoid dealing with the legal system, and getting a divorce may be your first contact with the ...

Procedure for Filing an Uncontested Divorce in Maine

Divorces are often portrayed by the media as bitter and highly confrontational. Many couples, however, can reach ...

How to Get a Divorce in New York State

All divorces in New York state are granted by the Supreme Court of New York. The exact steps involved in getting a ...

What Is a Pending Divorce?

A divorce goes through many stages, starting from the first serious issues arising between a couple and terminating in ...

Browse by category
Ready to Begin? GET STARTED