Divorce Petition

Divorce Papers > Divorce Petition

The divorce process is initiated when a document known as the "Original Petition for Divorce" is filed with the local court clerk. This document is also called as a "Letter of Complaint" in some states and only after this letter is issued, divorce is possible. The intention of filing a divorce petition is that the petitioner requests the court to grant the divorce and grant any relief that the petitioner feels is due to him/her. This document includes all the information regarding the problems the person is facing, the terms and conditions on which the divorce would be taken and information of the financial standing of the spouses.

This document comprises of the following basic information:

  • Identification of the parties and children, if they have any
  • The reason for divorce (in several states, this reason is "incompatibility" or "irreconcilable differences")

The partner who files the divorce appeal is termed as the "petitioner", whereas the other spouse is termed as the "respondent" or "defendant."

After submitting the plea with the court clerk, the next step is to serve it to the respondent. The respondent is offered 30 days to file a response to the appeal from the date of service. During these 30 days, either partner may request for protective orders, restraining orders or temporary orders related to alimony and child support.

The usual information that is present in a divorce petition is as follows:

  • Court name
  • Case name
  • Case number
  • Name, date of birth, email address, residence address, mailing address, telephone number of work and home of the petitioner as well as the respondent
  • City and state where the marriage took place
  • Date of marriage
  • Names and dates of birth of children born in the marriage
  • Is the wife pregnant as per the knowledge of the parties?
  • Does the husband or wife own real estate individually?
  • Do the parties own real estate jointly?
  • The cause of divorce
  • Number of Children
    • Parental rights and responsibilities: The duties that the parents have to fulfill.
    • Custody: Child custody is given to the person who best deserves it and can take care of the child in the best way possible. The final decision is in
    • the best interest of the child.
    • Legitimization
    • Paternity
    • Domestic relations
    • Domestic violence
    • Juvenile
    • Adoption
  • Does the petitioner wish temporary court orders regarding any of the following:
    • Use of family home
    • Alimony
    • Use of personal property and payment of debt
    • Parenting plan
    • Child support
  • The petitioner demands final orders for the following:
    • Alimony
    • Child support obligations for any minor children
    • A parenting plan that describes the parental rights and responsibilities of the partners related to minor children
    • Any other relief

This is followed by the signatures of the petitioner and petitioner's attorney. The name, address and phone number of attorney are also written. Lastly, the signature of the Notaries officer is provided. After completing all these things, the partner can send the petition to the other partner on his house address. Later on, the other party responds back to the petition sent to him. This can be a yes to the terms and conditions or a no. if the decision is not acceptable; a counter petition is filed against the petition making the case a contested one.

Here are some topics associated with divorce petition:

The information stated above about the divorce petition is authentic and it is necessary to follow all those terms in order to initiate the process of divorce. Divorce is taken when the people are sick and tired of their relationship and want to get rid of it. One most important thing that the couple should keep in mind is hire an experienced attorney. Only an experienced attorney can help you gain all the benefits from the divorce. Before hiring an attorney, information about him should be researched so that the best person is appointed to carry forward the work. Also the authentic information and evidences should be given to the lawyer so that he can rightfully fight the case. It depends upon the client as to how he wants his case to be. Rather than fighting over each and every small detail, it is better to calmly sort out all the problems and end the relationship on a healthy note.

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