Divorce - What is the process? What happens first?

Starting the Divorce Process: What Happens First

Estimated reading time: 3 minutes

Deciding that it’s time for a divorce is one of the most difficult steps you’ll take. Even after hiring an attorney, many people are left wondering: What happens now? What is the very first step?

At JR Law Group, we believe clarity reduces stress. Here’s what you can expect once you officially retain our firm and begin the divorce process.

Step One: The Initial Questionnaire

Once you retain JR Law Group, the first thing we do is send you a detailed questionnaire. This is where you’ll provide important background information about you, your spouse, your finances, and your family.

This information allows us to understand your situation quickly and accurately so we can begin building your case from day one.

Step Two: Drafting and Filing the Petition for Divorce

Using the information you provide, we prepare your Petition for Divorce. This document formally starts your divorce case and outlines the basic issues before the court.

Once the petition is finalized, we file it with the court. This step typically happens on a quick turnaround, and many clients are surprised by how straightforward it is to officially begin the process.

Step Three: Serving the Other Party

After the petition is filed, it must be provided to the other party. Once served, your spouse has 21 days to file their response, known as an Answer and Counter-Petition.

This response allows them to address the issues raised in the petition and outline their own requests.

Petitioner vs. Respondent: What Those Roles Mean

As your case gets underway, you may hear the terms Petitioner and Respondent used by the court. These titles can sound important, but it’s helpful to understand what they actually mean — and what they don’t mean.

  • The Petitioner is the person who files the Petition for Divorce and formally starts the case.
  • The Respondent is the other party who receives the petition and files a response.

These labels are simply how the court refers to each side for procedural purposes. They do not give either party an advantage and have no impact on who “wins” or the ultimate outcome of the case.

Whether you are the Petitioner or the Respondent, the same laws apply, the same standards are used, and both parties have equal opportunities to present their positions.

Step Four: Your Case Is Officially in Motion

Once the response is filed, the court automatically generates deadlines and event due dates. At this point, your case is officially underway.

From here, your attorney will guide you through the next phases of the process, including temporary orders, disclosures, negotiation, mediation, or trial if necessary.

Moving Forward with Confidence

Starting a divorce can feel overwhelming, but understanding the process can make it far more manageable. Our goal at JR Law Group is to make sure you always know what’s happening, why it’s happening, and what comes next.

If you’re considering divorce or have questions about the process, our team is here to help you move forward with clarity, confidence, and support. Contact us today to learn more.

Disclaimer – This video is intended for informational purposes only.  Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.