A divorce is a daunting event on many levels. Below is a layout of the basic process that takes place during a divorce, from start to finish. At any point the parties can settle and that is always something to bear in mind and not discard.

1. A summons is drafted. This is the official legal document drafted by the person requesting a divorce from their partner and informing that a divorce case has been started.
2. The summons includes both parties’ details, date and place of marriage, names and ages of minor children and what you (the plaintiff) wants the divorce order to determine.
3. The summons is stamped by the court, and the sheriff of the court is appointed by the court to deliver the summons to the partner who is being divorced (Defendant).
4. The defendant gives a formal notice that they want to defend or oppose the summons, called an appearance to defend. This they can do themselves or through an attorney.
5. The defendant then responds to the plaintiff in writing through their attorney(if they have one) – this is called a Plea
6. Together with the plea, the defendant makes a counter claim, asking for what they want from the divorce.
7. The Plaintiff then answers the counterclaim, saying what they agree with and disagree with.
8. This is usually the end of the plea process.
   The parties are obliged to mediate at this point to try and settle. As mentioned above, settlement can happen at any point and not just here but this is a requirement and if it is unsuccessful, then the matter proceeds.
9. The plaintiff then applies to the court for a trial date, where the judge will ask the plaintiff if the divorce is ready for trial. If the answer is yes, then the court will allocate a trial date.
10. When pleadings are closed, both parties will ask the other for a list of the documents that they have that relates to the matter. All documents must be produced, including those that are not favourable. The idea is that there are no surprises and that both parties are able to fight fairly on the issues.
11. Copies of documents are shared.
12. A pre-trial is held with the legal representatives to try to reduce the areas of dispute and to try settle the divorce.
13. The parties then go to trial. At trial the court won’t hear evidence on why the marriage broke down, this is taken as a given and they focus on how to address any issues around children and a division of the assets and determination of any accrual that is due.
14. The divorce is granted and an order that sets out how the assets are divided, as well as care of the children and contact for both parents to the children and maintenance is then granted by the judge or magistrate and that is then the binding divorce order.
15. Where there are children involved, there are additional steps and actions that are required. Those will form the subject of our next article.