A "Petition for Dissolution of Marriage" and other necessary legal papers are filed in the Office of the Clerk of the Circuit Court. The petition must also be filed with the sheriff's office for service on your spouse.

If you know where your spouse is located, he/she may be served by the sheriff's office at their residence or place of business.

To avoid fees, your spouse may arrange to meet you or your attorney at the sheriff's office and be served with the papers by what is known as "counter service". Or, if your spouse is not contesting the divorce, he/she may sign an "Appearance and Stipulation", which would allow the case to be heard on an expedited basis and without the necessity for your spouse to become further involved.

In a contested case, the defending party is given thirty (30) days to file an appearance through an attorney and file a response to the petition. Failure to do so may result in the case being "defaulted" or decided totally in your favor.

The parties may simplify matters considerably by the defending spouse signing an "Appearance and Stipulation" as noted above. This signifies to the court that the matter is uncontested. The party bringing the suit will testify and usually receive the relief requested.

This depends on whether the matter is contested or uncontested and the current court backlog. Simple uncontested matters may be resolved in several weeks, while complex contested cases may take years.

In uncontested cases, only the spouse bringing the case need testify in court. Testimony is usually simplified and takes only a short period of time.

If you are contesting the grounds for divorce, custody, support or any other matter, obtain legal representation as soon as you can and no later than thirty (30) days from when you are served; otherwise, you may find a "default" judgment entered against you.

It depends. If your spouse is seeking support, possession of the marital home, attorney's fees and the like, on a temporary basis, you may find yourself in court very soon after the petition is filed, even before you are served by the sheriff. In other cases, after you appear on your own or through your attorney, a settlement process begins. The overwhelming majority of contested divorce cases are resolved through settlement. If a settlement cannot be obtained, you are entitled to have your case heard by the court without a jury trial.