A petition is also called a “complaint” in some states. It is a legal document written by one spouse, referred to as the petitioner, that is filed with the court and initiates the divorce process. Specific requirements vary from state to state but it typically contains the following information:

1. Identification of the Spouses

This section includes your name, your spouse’s name, and other identity information like the last three digits of your or your spouse’s Social Security number.

2. Discovery Level

Some states require you to choose a discovery level. Discovery is a phase in the divorce process designed to gather information and evidence. Each spouse obtains information and evidence from the other spouse through discovery methods such as depositions, interrogatories, requests for production, requests for admissions, and requests for disclosures. Discovery levels organize the divorce proceedings and dictate limits on the discovery methods. The discovery level in a divorce case is usually determined by the total amount of assets involved.

3. Jurisdiction Acknowledgment

You must file your petition or complaint in the appropriate court. That is, the court must have jurisdiction over your case. Jurisdiction is determined by residency, the requirements of which vary by state. For instance, in Texas, you can file for divorce in the county you live in as long as you have lived in Texas for at least 6 months, and you have lived in the county for 90 days. You can also file for divorce in the county your spouse lives in as long as he or she fulfills the same requirement. Similar law applies in California, with a 3-month county residency requirement instead of 90 days.

4. Date of Marriage and Separation

State the date of your marriage and separation. These dates become pertinent in dividing your assets and liabilities.

5. Grounds for Divorce

What is the reason for your divorce? Some states, like California, only allow you to file for divorce on no-fault grounds. No-fault states do not allow you to file for divorce on traditional grounds such as adultery, abandonment, or cruelty. People living in states that allow you to file for fault divorce, do so, because the ability to prove fault can lead to a larger distribution of the marital property.

6. Children of the Marriage

List identity information for each child of the marriage including the name, birth dates, sex, and last three digits of the child’s Social Security number.

7. How you wish to proceed with division

Do you think you and your spouse will come to an agreement regarding the division of community property and the children? Do you want the court to confirm certain property as your separate property?

8. Temporary Orders

Some states allow you to request temporary orders in your petition. Divorces can take months or even years to be finalized, and many issues cannot wait that long. Temporary Orders are made by the court to address family and financial issues while the divorce is pending. If approved, these orders usually stay in effect until the divorce becomes final. The following issues are usually addressed in Temporary Orders:

• Child Support
• Visitation
• Spousal support
• Freezing assets/accounts
• Health Insurance
• Possession of automobiles

9. Request a name change

Are you asking the court to change your name back to your maiden name?

10. Prayer

The final section is the “prayer” section. This is what you are asking the court to do for you. Essentially, you are asking the court to dissolve your marriage and grant you a divorce.

^{DISCLAIMER: The following information found on www.legalattraction.com is provided for general informational purposes only. It may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice or the creation of an attorney-client relationship. This information is not intended to be a substitute for legal representation by an attorney.}