Divorce is never easy. Even when both spouses agree that it’s time to move on, the legal and emotional process of ending a marriage can feel overwhelming. Whether you’re considering filing for divorce or have already been served papers, it’s important to understand your rights, responsibilities, and options moving forward.
As experienced divorce attorneys, we’re here to help guide you through the process. In this post, we’ll walk you through what to expect during a divorce, what decisions need to be made, and how having the right legal support can make a real difference.
Understanding the Divorce Process
Every divorce is unique, but most follow a general framework. The steps can vary depending on whether the divorce is contested or uncontested, the complexity of the marital estate, and whether there are children involved.
Here’s a general overview of what to expect:
1. Filing for Divorce
The process begins when one spouse (the “plaintiff” or “petitioner”) files a complaint for divorce with the appropriate court. This document states the grounds for divorce (such as no-fault separation or fault-based reasons like adultery or cruelty) and outlines the initial requests regarding property, custody, and support.
The other spouse (the “defendant” or “respondent”) is served with the paperwork and has an opportunity to respond.
2. Temporary Orders
While the divorce is pending, the court may issue temporary orders to address urgent matters like:
- Child custody and visitation
- Child support or spousal support
- Use of the marital home
- Payment of bills
These orders remain in place until the divorce is finalized.
3. Discovery
This is the fact-finding phase. Both sides exchange financial documents, income statements, property records, and other relevant information. If either spouse hides assets or fails to disclose income, it can affect the final outcome.
In contested divorces, attorneys may also take depositions (sworn statements under oath) and issue subpoenas.
4. Negotiation or Mediation
Many divorces settle out of court. Your attorney will help you negotiate a settlement agreement that outlines terms for:
- Property and debt division
- Spousal support (if applicable)
- Custody and parenting time
- Child support
Mediation can be a useful tool to resolve disagreements in a structured, neutral setting. It’s often less stressful and less expensive than a trial.
5. Trial (If Necessary)
If you and your spouse can’t reach a full agreement, your case may go to trial. A judge will hear evidence and testimony before issuing a final divorce decree. This process can be lengthy and emotionally taxing, which is why many couples aim to settle beforehand.
6. Final Divorce Decree
Once everything is resolved—either by agreement or court decision—the judge issues a final order of divorce. This legally ends the marriage and outlines all obligations going forward.
Key Legal Issues in Divorce
While the process may sound straightforward, there are several complex issues that require careful legal analysis:
Child Custody
Courts prioritize the best interests of the child. This includes evaluating parental involvement, living situations, and the child’s needs. Custody may be joint or sole and includes both physical (where the child lives) and legal (decision-making authority) custody.
Property Division
In equitable distribution states like Virginia, marital property is divided fairly—but not always equally. Courts consider:
- Each spouse’s contributions to the marriage
- The length of the marriage
- Earning capacity and future needs
- Misconduct that affects the marital estate
Separate property (acquired before marriage or through inheritance/gifts) is generally not subject to division.
Spousal Support (Alimony)
Alimony is not automatic. Courts look at factors such as the length of the marriage, financial need, and each spouse’s ability to support themselves. Support may be temporary, long-term, or rehabilitative.
Child Support
Support is usually based on a formula that takes into account:
- Both parents’ incomes
- Custody arrangements
- Health insurance and childcare costs
Even in shared custody, one parent may still owe support, depending on income levels.
How a Divorce Lawyer Can Help
While some divorces are relatively simple, many involve high stakes—emotionally, financially, and legally. A divorce lawyer helps ensure:
- Your rights are protected
- You fully understand your options
- All necessary documentation is accurate and complete
- You avoid costly mistakes or oversights
- You have a strong advocate in court, if needed
Even if you and your spouse are on good terms, it’s wise to have your own legal representation. You don’t have to navigate this alone.
Final Thoughts
Divorce can feel like the end—but it’s also a new beginning. With the right support, you can move through this process with clarity, dignity, and confidence.
At Colonna Law Firm, you can work with a skilled divorce attorney in Lake Charles who knows how to protect your rights both in and out of the courtroom. From gathering evidence to guiding you through communication dos and don’ts, the right attorney can help you avoid common mistakes that might hurt your case.
Schedule a confidential consultation today to learn more about your rights and how we can assist you.
