The divorce/dissolution petition is a legal document filed in court by a spouse seeking a divorce. This petition, also called a “complaint” in certain states, informs the court of the filing spouse’s desire to end the marriage and signifies the start of the divorce process. Once the petition has been served on the petitioner’s spouse, it serves as a notification that the divorce process has begun. Image source: Pixabay.com Here are the steps for filing this petition. Provide the needed information Specific requirements may vary from one U.S. state to another, but the divorce/dissolution petition usually contains the identification of the spouses (name and address), date and place of marriage, identification of children, acknowledgement that the couple or one of them has lived in the state or county for a specified period prior to filing the petition, the grounds for divorce, and declaration or request for settling finances and other matters. Ask temporary 'orders,' if any The petition may ask the court for certain “orders” on family and financial issues while the divorce process is ongoing, including who has primary custody of the children, child visitation schedule, payment of child or spousal support, and payment of bills and other financial issues. Comply with the state’s residency requirements State laws govern divorce, and the process is solely handled at the state government level. Therefore the petition should be filed in the spouse’s “superior” or “circuit” court, typically in a county or district branch of the state court. In California, for instance, one can only file for divorce in the state when either spouse has lived in the state for six months and in one of the state’s counties for the last three months. Make sure the petition is “served” to the other spouse After being filed in court, the petition will be legally delivered to the other spouse, with each state maintaining its own strict requirements for serving legal documents. Image source: Pixabay.com Attorney Daniel E. DeKoter specializes in civil litigation, business and employment law, and estate planning and administration. Follow this blog for similar reads.
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