A marriage that has no chance of being saved most often ends in divorce. The process is not easy for the spouses involved and most especially if they have children. But amidst this challenging situation, it is essential that both parties cooperate well in order for the divorce process to move on as smoothly as possible without the children being subjected to a tug-of-war game.



Divorce is a common occurrence notably in developed countries. Worldwide, divorce rates however differ from country to country. In Sweden, 64 percent of marriages end in divorce. This is followed by the U.S. with 49 percent, Canada with 45 percent and France with 43 percent. In the U.S., reports have it that while 82 percent of married couples will celebrate their fifth year of marriage, only 15 percent will reach their 15th wedding anniversary. For first marriages that lead to divorce, the median duration is less than eight years.

The state of Nevada had the highest divorce rate in 2004 at 6.4 percent followed by Arkansas and Wyoming. However since 2006, the yearly per capita divorce rate has been steady at 0.36 percent.

The legal process of divorce takes time thus, both parties really need to stretch their patience. Normally, a divorce proceeding may take about one year to complete. Having a lawyer is a big help especially when it comes to negotiating property settlements and child custody. A divorce attorney has the right skill and experience to help a person go through this legal procedure in the most amicable way possible.

In legal terms, divorce refers to dissolution of marriage. This proceeding starts with the filing of a summons and petition with the court by one spouse. The petition is then served to the other spouse while copies of such document are provided to both parties. After receiving the summons, the responding spouse is given 20 to 60 days to reply to the petition or give a counter petition.

Temporary orders normally follow to settle various issues including child support, custody, residential arrangements, bills payment and home occupancy. If no agreement is reached during this stage, a court hearing led by a judge or court commissioner is the next step.

A case is considered complete only when all pertinent issues are resolved. A trial will only be conducted if negotiations between the spouses fail. However, it is possible to settle the case without the two parties having to go to trial if a settlement reached and all aspects of the divorce are acceptable to both spouses.

A Decree of Dissolution of Marriage issued by the court and signed by the judge is the final proof of the divorce proceeding. All settlements made between the spouses are put in writing, approved by the court and signed by the judge. In case of a trial, the decision of the judge is made in writing and signed by the judge himself.