The Process of Filing for Divorce
Filing for divorce is an emotional process as well as a legal process with a myriad of procedural requirements.
Do you have questions about the process of filing for divorce?
Divorce Court Jurisdiction
When filing for divorce, jurisdiction is dependent upon the state or county in which one or both of the divorcing parties resides. Different states have different requirements for filing for divorce. In many locations, there is a minimum period of residency required within the state or the county before the divorce court is justified to hear a case.
Be Prepared
Always reassure that you have any forms or papers necessary for your lawyer if he/she should demand them. For example, if you and your spouse share joint possessions such as a home make sure you have the deed or the mortgage contract. If you have joint debt, make sure you have records of this at hand. Other important papers you will need for this process include checking account records and retirement plan paperwork. Keeping these papers together in a single file will ultimately benefit you in the process of filing for divorce.
Divorce Petition
When filing for divorce, it definitely is beneficial to have your local divorce attorney prepare the divorce petition. When the petition is filed with the court, the process of divorce has begun. The petition must be prepared according to statutory requirements and must contain specific information regarding the marriage of the parties, residence of each party, and children of the marriage.
The divorce petition will then be served on your spouse. These process requirements differ from state to state. In some locations, the Sherriff’s Department may serve the petition, while in other locations you may have to hire a separate server. Some jurisdictions do allow for service by mail.
The respondent of the petition has the right to answer the petition and dispute or deny any claims stated in the divorce petition. Although the respondent must answer the divorce petition, they also have the right to file a cross petition, making his or her own private statements.
Connect with your Local Divorce Lawyer
For more information about filing for divorce, speak with a local divorce lawyer who will gladly advise you on the filing for divorce and serving the divorce petition.
Do you have questions about the process of filing for divorce?