How to File For a Divorce Petition
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by: austindivorce
Word Count: 569
Date: Wed, 21 Jul 2010 Time: 2:34 PM
The following article is by guest author Scott Morgan, a board certified family law attorney. You can visit his Mesa divorce website to learn more.
In order to initiate the divorce process, you need to file with your local court clerk a document called original petition for divorce. In other states, it is referred to as a letter of complaint. Basically, a petition for divorce is a request to the court to grant the divorce and the conditions enumerated by the party filing for divorce. This is a document telling the judge what you want and why you are entitled to obtain it.
When you file a petition for divorce, you are declaring to the court that you and your spouse can no longer live together as a couple and reach the legitimate ends of matrimony. This indicates simply that one or both of you no longer want to be married.
The petition should include you and your spouse’s name and how you can be contacted by the judge’s staff. Also, you have to state the period of time you have lived in the state and county because the court has to know if it has jurisdiction over your case. If you and your spouse have children, you need to provide their names and birth dates so the court will be able to know if child custody and support will be possible issues in the future. You also need to give the date of your wedding and separation to help the judge decide on property and debts issues.
As a part of the petition, the spouse filing for divorce needs to declare a reason for the divorce. In a no-fault divorce, the reason for divorce is having irreconcilable differences or incompatibility.
If you file for a fault divorce, you have to prove your allegations to the judge before your divorce can be granted. Allegations should be listed separately in your petition.
Lastly, you have to include in your petition your request that your marriage be dissolved. Issues about child custody and support, and distribution of marital debts and assets are matters you will need the court to rule. You can also request for spousal support or alimony as well as financial assistance with attorney's fees. Also, a woman can also request that her last name be changed back to her maiden name if she wants to.
The individual who filed for divorce is the petitioner whereas the other party is referred to as the respondent or a defendant in some states.
Then, the petition is served on the respondent. Usually, the one who serves the petition is a member of the local sheriff’s office. The respondent has thirty days to avail the services of a lawyer and respond to the petition for divorce. At this time, either party may ask for restraining orders or temporary orders that pertains to child support and alimony.
After filing for divorce, you have to wait for a few weeks or months before your divorce is granted. This can give you ample time to reconsider your decision so as not to have regrets about the decision you made.
About the Author
The following article is by guest author Scott Morgan, a board certified family law attorney. You can visit his Mesa divorce website to learn more.
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