The divorce petition occasionally known as a “complaint” is the document that begins the divorce process. Each state has its own particular requirements regarding what the petition ought to include. Despite the fact that the form differs from state to state, the essential information is normally similar. It can incorporate the following:
Provide all the required information
The divorce petition provides the court with facts about you and your family like:
- Your name and address
- Your spouse’s name and last known address
- The date and place of your marriage petition
- How long you’ve resided in the state
- The names and ages of your children
Try to fill this information completely as all the required information is meant to serve a purpose.
Notify your spouse of the divorce action through proper steps
You need to file and serve your divorce petition. Serving the petition is a term used legally to refer to delivering the petition to your spouse, with a service method approved by the law of your state. It is aimed to inform your partner that you have begun a divorce process. It as well explains your reason to your spouse and as well as the relief you’re asking for.
Pay special attention to these elements of the petition
How completely you fill the basic information in the petition like names, addresses, and so on affects other parts of the petition like your grounds for the divorce and the relief you’re seeking to obtain. Each of these can have a significant effect on the meaning, length of time, and cost of the divorce process.
Cautiously come up with your grounds for divorce
Your grounds for divorce can either be fault-based, or no-fault. Fault-based grounds are when you allege that your spouse commits certain illegal act like mental or physical abuse, adultery, and desertion.
A number of states allow a judge to take a spouse’s illicit acts into consideration when deciding a number of issues like alimony or property distribution.
No-fault grounds don’t allege illicit acts; instead it is filled for reasons like incompatibility or irretrievable breakdown and living separately for a specific period of time.
Include the relief you are seeking for in your divorce petition
If you don’t include this upfront, it may not be granted to you. That’s the basic thing to include while creating your divorce petition. The court will routinely take care of issues like child support, but if you’re applying for exclusive legal custody of your children which gives you the right to complete decision about major issues that consign your children, you ought to include it in your request.
This is also applicable to other relief that you are entitled to like:
- Spousal support (alimony)
- A precise visitation schedule
- An uneven sharing out of your marital property
- Getting your spouse to pay your legal fees
- Reusing your former name
Despite the fact that the courts are frequently bendy in allowing a spouse amend the petition to include extra relief; you cannot always get it particularly when your case has gone too far.