The person filing for divorce must have someone 18 years or older personally deliver the summons, petition, and any other papers filed with the court, along with a blank response form, to his or her spouse. If the spouse cannot be located, the judge may approve a different way to notify the person that a court case has been opened. Other issues that might be decided before the divorce is completed include temporary use of property, restraining orders, or orders for one spouse to pay the other's attorney fees and court costs. If the spouses are not able to reach a permanent agreement on these issues, the court will ask each of them to write up their positions and submit them to the court. A trial date is then set to have a judge decide the issues.
Most courts have a program to try to help people reach agreement.
There are special forms for this purpose. The forms do not have to be filed with the court, but the court must be given proof that the spouses gave each other the information. If a spouse does not contest the divorce or does not file a response to the papers asking for divorce, a court hearing may not take place. Thirty days after the spouse is served with the petition and summons, the person filing for divorce can file default papers asking that the court grant the orders requested in the petition. The person who filed the case can then prepare a judgment for the court's review asking for no more than what was requested in the petition.