How to Petition for a Divorce

When you get married you think the world is rose colored, but for many that sweet romantic love diminishes over time, and no other option seems viable except for that of divorce. Getting a divorce can be heart wrenching and costly too. But courts have made it a simpler process or at least a more understandable process. Read on to learn how to petition for a divorce.

Difficulty: Moderate

Instructions

Things You'll Need:

• Original petition for divorce
• Advice from an attorney

1. Get a form called an “Original Petition for Divorce.” You can find these online, from a paralegal or a local legal service. You will need to make sure that any form you buy or get for free online is the correct form for your state.

2. Start your divorce by filing the “Original Petition for Divorce.” You can file this yourself, or get your attorney to file it for you. Obviously if you think your divorce is fairly simple, you may want to do it yourself and you will need to go down to the court clerk with the petition for divorce form for your state.

3. Understand this petition. The petition will identify who you are and if you have children. You will also need to specify your reason for getting the divorce. Most divorce petitioners file under “irreconcilable differences” or also known as “incompatibility.”

4. Understand how to serve the petition. If you are the person filing for divorce then you will be called the petitioner and once you have taken it and filed it in the county clerks office then the local sheriff's office will take over and serve the petition to your spouse. As soon as he or she has been served then the person has 30 days in which to hire a lawyer and respond to the petition.

5. File for orders. This is where the process gets a little more difficult and where you probably need an attorney. During this period you or your spouse can file restraining orders, temporary orders that relate to child support and also to alimony, and protective orders.

6. Wait for decision by the court. At this time the court decides and issues orders that need to be enforced until the divorce is finalized. These orders cover spousal support, child custody and child support.

7. Follow the orders. It is essential that you follow these court orders. Not doing so will only hurt you in the divorce proceedings and you can be found in contempt of court, which means you can be jailed.

Tips & Warnings

• In conclusion, if you have no children, separate incomes and no assets then you may want to file for divorce without an attorney, as long as your spouse is in agreement. Under any other circumstances it is best to get the aid of a good divorce attorney.

[leighcamp1]

on 8/18/2008 Most helpful article on his subject thanx!