Divorce Settlement

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.

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