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One spouse (the plaintiff) files the initial divorce papers with the court. These papers include the Summons with Notice or Summons and Complaint, and they must be served on the other spouse (the defendant).If the spouses can agree on the terms of the divorce (including issues like property division, spousal support, child custody, and child support), they can submit a settlement agreement to the court. If they cannot agree, the case will go to trial, and the judge will decide the unresolved issues.