Divorce Filing

Your first task in the process of getting divorced is the filing of a divorce petition, also known as a Petition for Dissolution of the marriage. One spouse must file the petition with the divorce court even if both parties agree to get divorced. The petition will need to state the grounds for the divorce as either fault or no fault. Most states today offer no fault divorces when there is no contest and irreconcilable differences are the only cause that needs to be presented. Very few states still require a specific fault like abuse, adultery or abandonment as grounds for a divorce. You can find out if your state offers no fault divorce by calling your local County Clerk’s Office.

The person filing the petition will also have to show Proof of Service to the court in order to verify that the other spouse has acknowledged receipt of a copy of the divorce petition. If yours is an amicable divorce, you can try to serve the petition to your spouse yourself, if not, you may have to hire a Sheriff or professional process server. Certified or Return Receipt Requested mail service can also be used. In cases where all other methods fail, publication of notice of the petition in a local newspaper may be allowed as Proof of Service.

The spouse who receives that copy of the petition has a file a response to the petition with the divorce court. The response will include any disputes that spouse has with the terms and conditions set forth in the petition. The grounds for the divorce can be disputed and the proposed terms of property division, alimony, child support, etc., can all be disputed in the response. If both parties to the divorce do not agree on the terms of the divorce on issues like child support, child custody and visitation schedule, the court can enforce mediation. The mediation process may involve outside evaluation of the family situation by a social worker or other court appointed case worker.

In circumstances where one parent maintains custody of the children and also needs financial assistance until the divorce is completed, that parent can ask the court to issue temporary orders for both custody and child support. Temporary orders remain in effect and last until the matters are settled in court by a judge’s ruling. Petitioners can request temporary orders at the same time they file their petition for dissolution. Responders can ask for temporary orders as soon as they have received a copy of the petition for dissolution.

Common Elements of Divorce Filing

• Grounds – The specific type of grounds for divorce you are filing for.
• Court – The exact name of the specific court and jurisdiction you are filing in.
• Residency – Each state has residency requirements that must be met prior to filing.
• Venue – The particular place and county court your case is filed in.
• Filer – The person filing for the divorce is referred to as the Plaintiff or Petitioner.
• Responder – The party receiving the petition is the Defendant or Respondent.
• Property – Distribution of community, separate or marital property is outlined.
• Custody - Provisions for joint or separate custody are included.
• Support – Alimony, child support, and spousal support guidelines.

Related Links:

     Online Divorce       Divorce Information      Find a Divorce Attorney

Related Resources:

1. NoLo: Divorce Court
2. Mayo Clinic: Divorce
3. America Psychological Association: Guidelines for Child Custody

Related Articles:

1. File Divorce
2. Divorce Forms
3. Divorce Papers