Sample Divorce Petition

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Divorce is the legal termination of the relationship and that is why it is one of the most difficult tasks to be done. There are a lot of legal activities that the couple has to perform in order to end the relationship and part ways from each other. Divorce petition is a legal document that initiates the process of divorce, and that is why, in order to end the relationship, it is very necessary that one of the partners file a divorce petition. In order to file a petition, the couple should be aware of all the things that should be stated in it. After one of the partners file a petition, the other party is sent the papers on their address. The other party is required to respond to the petition within a period of 30 days from the day of receiving the papers. In order to file the petition, couples should go through a sample divorce petition.

There are some important things that should necessarily be present in the petition. An attorney should be consulted before going about the process and filing a petition. The contents of two sample divorce petitions are noted in this article.

Sample Divorce Petition Number 1

  • Case Number
  • Division
  • Name, Address and Social Security Number of both the partners
  • Whether the Petitioner has resided in the specific state for a particular number of days as per the residency requirements?
  • The date of marriage and the state in which it has taken place
  • The date of separation of the parties
  • The birthdate and the name of the children.
  • Whether the spouse is currently pregnant?
  • Whether the both the parties have drafted an agreement? If yes, which issues have been resolved in this agreement? Also, whether a true and correct copy of the settlement agreement and child care plan have been attached to the complaint as an exhibit?
  • Names and addresses of the employers of the ex-spouses
  • Whether the marriage has been irretrievably broken?
  • What is the request of the petitioner? An example of a request is as follows
    • Dissolution of the marriage
    • Distribution of the marital property as per law and settlement of the debts, non marital property and marital property according to the Property Settlement Agreement and Care plan for the child.
  • Which name does the wife desire to retain post divorce?
  • Signature of the Petitioner
  • Signature of the Notary Public regarding the following statement that a petitioner of so-and-so name has executed the petition on so-and-so date

Sample Divorce Petition Number 2

  • Name of the county in which the family court exists
  • Civil action number
  • Name, Social Security Number, Address of the petitioner and the respondent
  • The Petitioner has to state the following facts under oath:
    • Is he/she presently a party to any domestic violence proceeding?
    • What is the residency status of the couple in this state?
    • The reason for the divorce action being brought to the particular county?
    • The county in which the petitioner and the respondent presently reside.
    • The county and state in which the parties were married and the date of marriage.
    • The county, state and address wherein the couple last resided together as husband and wife.
    • Date of separation of the petitioner and the respondent.
    • Whether the separation has been continuous and uninterrupted since this date.
    • Whether any party, in this case, is under the age of 18?
    • Whether any party is presently on active duty in the military services of the United States?
    • Is any of the party in this case legally incompetent?
    • Is any party in this case presently incarcerated?
  • The names, dates of birth and social security number of the children
  • With whom is the child presently residing?
  • Who arranges for the health insurance of the children?
  • Which of the following are applicable?
    • The respondent has abandoned, neglected or abused any children
    • The respondent has abused or sexually assaulted any children
    • Whether the respondent is engaged in acts of domestic violence

The couple should be a resident of the place where they have filed divorce, if not, they should have at least lived in the place for a period of six months. All the things stated above should be present in the petition. There are two samples provided above so that the couple can get an in depth and authentic knowledge about the document.

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