Application for Divorce Petition

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.

Contents of the Divorce/Dissolution Petition

·         Identification of the spouses by name and address

·         Date and place of marriage

·         Identification of children of the marriage

·         Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition

·         Grounds for divorce

·         Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce

Serving  the Divorce Petition

After a divorce/dissolution petition is filed with the court, the petitioner (and his or her lawyer) makes sure that the petition is "served" (legally delivered) on the other spouse. Each state has strict requirements for serving legal documents, including the different methods of service that are available, so it is important that service be done right in order for the divorce to validly proceed.

 

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