When a marriage is no longer working, one or both spouses may decide to file for divorce. In legal terms, this is known as a dissolution of marriage. The first step in filing for divorce is submitting a petition for dissolution of marriage to the court. In this article, we will discuss what a petition for dissolution of marriage is, how to file one, and what happens once it is filed.
What is a Petition for Dissolution of Marriage?
A petition for dissolution of marriage is a legal document that officially starts the divorce process. This document outlines the basic facts of the marriage, such as the date of the marriage, the names and addresses of both spouses, and the grounds for the divorce. It also outlines the relief that the spouse filing the petition is seeking, such as child custody, spousal support, and the division of property.
How to File a Petition for Dissolution of Marriage
The process for filing a petition for dissolution of marriage varies from state to state. However, in general, it involves the following steps:
1. Fill out the petition for dissolution of marriage document. You can obtain this form from your local courthouse or online.
2. File the petition with the appropriate court in the county where you or your spouse reside. You may need to pay a filing fee.
3. Serve your spouse with the petition. This means that you must provide a copy of the petition to your spouse either in person, by mail, or by hiring a process server.
4. Wait for your spouse to respond. Your spouse will be given a certain amount of time to respond to the petition. If they agree to the terms outlined in the petition, the divorce can be finalized without going to court.
What Happens After the Petition is Filed?
Once the petition for dissolution of marriage is filed and served, the divorce process will officially begin. The spouses will need to work together or separately to determine the terms of the divorce settlement, including the division of property, child custody, and spousal support. If the spouses cannot come to an agreement, a judge will need to make the decisions based on the information presented to them in court.
Conclusion
Filing a petition for dissolution of marriage is a critical step in getting a divorce. It is important to consult with a divorce attorney to ensure that your legal rights are protected and that you fully understand the process. By understanding what a petition for dissolution of marriage is, how to file one, and what happens after it is filed, you can be better prepared to navigate the divorce process and move forward with your life.
A Petition for Dissolution of Marriage is considered in a large part of the United States to be the primary step in the filing process for a divorce, which is also known as a ‘dissolution of marriage’.
However, as the laws regarding the filing of a Petition for Dissolution of Marriage vary from state to state, the individual forms – meaning the length, text, and stipulations – vary as well.
Upon filing a Petition for Dissolution of Marriage, one – or both – of the married individuals are acknowledging a desire to terminate the marriage and begin a divorce proceeding.
The text of a Petition for Dissolution of Marriage includes sworn statements regarding the details of a marriage, as well as the reasons for its dissolution.
Married couples with children are required to complete a Petition for Dissolution of Marriage in the event of a desire to dissolve a marriage, however, the forms are oftentimes lengthier due to custodial and visitation issues surrounding the children.
