A petition for divorce is a legal document that is used to file for divorce in the courts. There are some states that call the petition for divorce a complaint. The petition will tell the courts that one spouse wishes to end the marriage and the filing of the petition will start the divorce process. The petition will also need to be served to the other party in the marriage to notify them that the divorce process has started.
Information And Requests In The Petition
There are certain pieces of information that you need to include in your petition. It is important to note that the formats and specific requirements will vary depending on the state. However, the basic information that you have to provide will be the same in all states.
The first piece of information is the identification of both spouses by name and address. Information about the date and place of the marriage will also need to be included along with the identification of the children. You will also need to provide an acknowledgment that the couple has lived in the state for a certain amount of time.
The grounds for divorce will also need to be detailed in the petition. The petition should also have a declaration or request which states how you would want to settle finances, marital property, and child custody. Other issues related to the divorce will also need to be outlined in the petition.
When filing a petition, it is also possible to include a request for temporary orders for certain financial and family issues while the divorce process is ongoing. When these orders are approved, they will stay in effect until the finalization of the divorce. The temporary orders may include a range of different issues.
The issues this could cover will include who gas primary custody of the children during the divorce. Child visitation schedules will also be included for the non-custodial spouse. The payment of child and spousal support will also be outlined in these orders as well as who resides in the couple’s primary residence.
Where Is The Divorce Petition Filed?
As divorce is done on a state level, the divorce process will be handled on this level and the petition will need to be filed in the state court. This can usually be done in a county or district branch of the state court. It is important that you find out where you will need to file in your state to ensure that you are doing this correctly.
Serving The Divorce Petition
After filing the petition with the court, it will need to be served or legally delivered to the other spouse. Each state will have strict requirements when it comes to the serving of these legal documents and this will include the different methods that can be used. It is important to use the correct method to ensure that the petition is legally served and that the divorce can validly proceed. For more details Deanhineslawyer.com