Your Divorce Petition
Copyright (c) 2010 Lucille Uttermohlen
To start your divorce, you have to file a document telling the judge what you want, and why you are entitled to get it. This document is called the "petition" and usually contains the following information:
1. In General:
When you file a petition for "marriage dissolution" or divorce, you are telling the court you and your spouse can no longer live together and achieve what they call "the legitimate ends of matrimony." This simply means that one or both of you no longer wish to be married.
2. Grounds:
In most states, "irreconcilable differences" or "irretrievable breakdown" is all you have to prove to get a divorce. If one of you is unhappy, simply file a petition with your local court. After some time has passed, your court can end your marriage, even if the other spouse thinks it should not be over. In these states, all you have to prove to get divorced is that you have resided in the state long enough for the court to have "jurisdiction" or the authority to hear your case.
Other states do not make it so easy. They have longer "cooling off" periods. If one of the spouse's wants to continue the marriage, he /she can force the other spouse to wait for his / her freedom. If the spouses agree that the marriage is over, there are usually ways to speed up the process. Depending on where you live, , grounds such as adultery, abandonment or insanity may still have to be alleged and proven.
3. Allegations:
Allegations are the things you have to prove to the judge before he / she can give you a divorce. You list them separately in your petition. Think of the allegations as a check list of the things the court will need to know to grant your petition.
The first thing you have to tell the court is who you and your spouse are and how the judge's staff can contact you. The court has to know it has "jurisdiction", so you have to state how long you have lived in the state and county or parish. If you have children together, you will have to give their names and birth dates so the court will know whether their custody and support are potential issues. You have to state how long you've been married by providing your wedding and separation dates. This information helps the judge decide issues of property and debts.
4. Prayer for relief:
Finally, you have to tell the court what you want it to do. Asking that your marriage be dissolved is the most important request. Child custody and support, and division of marital debts and property are also issues on which you will need the court to rule. Spousal maintenance or "alimony" may be requested, as well as assistance with attorney's fees. A woman can also request that her last name be changed back to a former married name, or maiden name if she wishes.
Once you file your divorce, you will probably have to wait a few weeks before you can end your marriage. The government hopes you and your spouse will reconsider your decision, and does not want you to have regrets if you made the decision to divorce on impulse. This time starts to run when you first file your petition. If you decide you made a mistake, don't worry, you don't have to go through with it.
Article Source: ArticlesBase.com
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Please help with frivolous demand for child support by husband?
Hello. I needed some help. My husband filed for divorce on April 20, 2011. I agreed with most of what it said in the petition (i.e., shared custody, parental responsibility schedule, child support granted to me, etc.) because it was fair and reasonable... until I got to his financial affidavit where he deliberately omitted the SSI income he was getting monthly for our two minor kids (totaling $690.00) as well as the money he has in his bank account ($13,349). Mind you, the kids live with me in a house he abandoned eight months ago and I provide for them what I can.
Two weeks after I received the divorce petition, I went to the Legal Aid Society and obtained a pro bono attorney to guide me through the process. I also went to the Social Security office and rightfully had the $690.00 reversed to me since the kids live with me and he wasn't using the money to provide for the kids, and since he omitted that he was even getting it in the divorce packet which would ultimately affect the child support money I would receive from him (not much).
Apparently, as soon as he found out the SSI money had been reversed, he actually went and opened up a frivolous child support lawsuit against me and is now claiming to live with the kids and demanding child support (huh?). Also, in the financial affidavit of the child support case, he now says that his monthly net income is... $0.00 (he deliberately omitted his SSI disability income of $1266.00 a month, plus $417.00 retirement pension), and he withdrew the $13,000 from his bank account (I have his account number and can verify). I have no idea what he's thinking or if he realizes the consequences of the perjury he's committing. To make matters worse, the pro bono attorney says she doesn't handle the frivolous child support case in question, but advised me to buy a self-help packet or just turn in a written answer to the petition at the very least. I'm deciding to go with the latter.
In the answer, I have to simply write which numbered allegations from child support petition I agree with, and which ones I don't agree with. It sounds easy but I am a novice and do not want to mess myself over or make any mistakes. One of the numbered allegations I don't understand says "The Respondent (me) is legally obligated to furnish support pursuant to Chapters 61 and 409, Florida Statues, on behalf of the following minor children, etc. in that I am the mother" Does this mean I am legally obligated two furnish support to the petitioner or the kids? Another one says "The petitioner/relat(rix)(or) requires and the Respondent has the ability to pay reasonable child support for the minor children)" Is this referring to me or the Petitioner?
What advice can you give me?
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Need advice on divorce in UK?
Hi, we are living in UK for more than 5 yrs and now we're Permanent residants in UK and a little daughter who is 5 and half years old.
we bought a house in UK a year and half ago on "jointly owned". Now my wife left me without informing and taken away all stuff from our house except my clothes & a bed.
Total value of the house is £250K out of which we had taken 200K from the bank and £50K as a personal loan from one of my friend.
Bank mortgage is on joint name but 50K personal is just between me & my friend but everything is black & white through emails etc..
Now my questions are:
1. My wife is telling she is not bothered about my personal amount though i put that money to buy the house and asking me to sell the house and split the profits between us. If so, Can I challenge that I can include this 50K between us as it was taken to buy the property? If we incur loss after selling the house, would that loss will be split between us or it will be only profits?
Right from the beginning I've only been paying the mortgage and all other monthly expenses and she did not contribute anything though she has been working since 2 and half years.
2. We also bought a house in Hyderabad, India where I've been paying EMIs everymonth. How this is going to be handled in terms of her rights. Can I challenge that she has not paid single pence to buy any house though she has been working.
3. about my child, she has left the house along with out daughter and not making me to contact her though i requested couple of times. Now she told that she spoke to a solicitor and made divource petition in line with above said property issue & child contact where I need to go and see my daughter at contact centre for an hour or so once in a week or month because she says she has a threat from my family in india and me.
here my question is, can i challenge this petition that I want join custody for my daughter because I am afraid that she might take my daughter away from the country or anywhere to totally stop relation with my daughter.
4. When I get divorce petition from my wife's solicitor, if I dont respond what happens?
I would appreciate your valuable advice on this.
Thanks a lot in advance,
Vikas
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My son in law has filed a divorce petition in one state.my daghter is living in another state.How to transfer?
how to tranfer the case to the state in which my daughter is living.
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