When couples decide to divorce, they enter a world of required legal protocol, documents, and a lot of new vocabulary. The following is a brief overview of the procedure a divorcing couple can expect.

A divorce begins with a divorce petition or complaint, which is penned by either husband or wife (however, in some states you can be co-petitioners in uncontested divorces). The spouse creating the divorce petition is called the petitioner. This petition is then served on the other spouse and filed in the court which corresponds to the couple's location. Regardless of where the marriage took place, a divorce petition is filed in a state court in the county where the petitioning spouse or defendant resides. The petition includes all the important information regarding the marriage. It lists the names of the spouses and children, separate property or community property, child custody, child support, spousal support and other information. If children are involved, courts greatly prefer (usually require) that the case be filed in the court where the children will reside.

The divorce petition must be served on the other spouse, also called service of process. Serving the papers is a legally provable way to let him or her know that a divorce is in progress and papers have been filed with the appropriate court. If both spouses agree to end the marriage, then the other spouse simply signs a form acknowledging that he or she received the petition. However, if the other spouse will not sign the receipt of service or is difficult to find, a professional process server should be hired to personally hand him or her the divorce petition.

Once the service of process is completed, restraining orders and waiting periods automatically go into effect. In some states, the waiting period is six months from the date the papers are served. Additionally, the service of process puts automatic restraining orders in place on the spouses and helps set up the official date of marital separation. A restraining order prohibits either spouse from taking children into another state, selling off property, creating debt by borrowing against property, and altering insurance held for the other spouse.

The spouse receiving the petition of divorce, also called the "respondent," can file a response to the divorce petition. While not required by law, filing a response has its benefits. First, it enables the respondent to participate in the divorce action and indicate that he or she consents to the divorce. Secondly, by filing a response, a case is more likely to avoid a court hearing, which can be time consuming and expensive. But there is a time limit.

If a response is not filed within roughly 30 days after serving the divorce petition, the petitioner may ask the court to enter a default. In that case, the respondent spouse will no longer take part in the divorce procedure. Therefore, it is a good idea to file a response. If the responding spouse does not agree with the information outlined in the divorce petition, he or she can indicate the disagreement in the response.

Next, both spouses are must to reveal all assets, liabilities, income and expenses to one another. If the divorce is uncontested and both spouses can reach an agreement on the specific terms of the divorce without going to court and using a judge to determine terms for them, then the process is almost complete. Once the court determines the judgment, the divorce becomes final. Once a divorce is finalized, another waiting period goes into effect. In most states, the marriage will not be officially dissolved and spouses cannot remarry until six months have passed from the date the petition was served. If there are disputes surrounding the divorce that the couple cannot resolve on their own, they may require court hearings and possibly a trial.

For more information about divorce, visit our partner LegalZoom. Here, you'll find a free, online legal library providing all the information and resources you need when considering divorce. The Law Library Topics provide general divorce information, and FAQs answer some of the most common questions people ask. These features, combined with the Glossary and Useful Resources, allow you to make sure your divorce decisions are informed ones.

LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.

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