Divorce | Filing a Petition for Divorce

The court filing of legal documents called a “Petition” and a “Summons” is the typical legal procedure for asking a court for divorce.   The Petition and Summons must be filed with the court in which you and/or your spouse live.  Additionally, most courts will charge an initial fee for every person who files these legal documents with the court.

The first document, a Petition, is typically entitled something like “Petition for Dissolution of Marriage” or another similar phrase.  The actual phrase used for asking the court for a divorce can vary from each state and even a particular county in the state.  Checking your local county rules is advisable when filing a Petition for Dissolution of Marriage and a Summons.  Furthermore, the Petition must state the proper, legal language pursuant to your particular state’s laws.  Telling the court things like where you and your spouse live, how many children you have, the reason you are asking the court for divorce, and other reasons must be explicitly stated in the Petition; otherwise, the court may dismiss your Petition without hearing it further. 

The second document, a Summons, is the document that informs your spouse that you have asked the court for a divorce.  The Summons should be sent to the last known address of your spouse.  Once the Summons is filed correctly, the Summons must inform your spouse the he or she may respond to the Summons with a legal petition, or counter-petition of his or her own.  Furthermore, a summons will often set out a specific deadline by which the spouse must file his or her response documents.  It will often state on the paperwork that the failure of the spouse who is served with the Summons to respond may result in a default proceeding against him or her.  Courts are very concerned with allowing every person to have a say in what he or she thinks the court should do once a divorce proceeding has been started.  Providing notice of the divorce proceedings is a legal hurdle that must not be ignored – as failure to serve a spouse with divorce paperwork could result in the court dismissing the divorce petition outright without ever ruling on the Petition.

The filing of a Petition and a Summons in the correct legal manner is very important in every divorce.  Many lawyers have been able to set aside or have the court dismiss an improperly filed or served legal pleading which was prepared and/or filed by someone who did not hire an attorney when they started the divorce process.  Hiring an attorney is not necessary to file the initial divorce paperwork, but it is advisable that the person prepares and files the legal paperwork in the correct manner. 

Consulting with an attorney before you prepare and file the divorce paperwork is way to save on attorney’s fees, while still ensuring that you have filed for your divorce paperwork correctly with the court.  Many attorneys will charge you a fee for an initial divorce consultation to review your self-prepared legal documents.  You can still file the divorce paperwork with the court yourself, but the divorce lawyer will look them over to make sure that they are correct.  This can give you peace of mind that you followed the proper legal process when you ask the court for a divorce.

Family Law | Asking the Court to Collect Child Support for You

If the father or mother of your children has been ordered by the court to pay you child support for the support of your children, there are certain things you need to know when asking the court for help collecting child support.

First, the court is very busy and will likely not pay attention to your request for help enforcing a child support order if you or your attorney does not file the correct legal paperwork.  In every case, the court will assign your case a case number.  This case number has important information which tells the court things like when the case was commenced, it what court it was commenced in, and what number it was filed under in the year or month when the case began.  Not all court numbers mean the same thing, but they often share common attributes as the ones listed above.  Therefore, you are your attorney must use the proper case number when filing any child support paper work.

Furthermore, when asking the court for help collecting your child support, you need to use the correct “caption”.  A caption often says something similar to John Doe v. Jane Doe.  Often, terms like Husband or Wife are listed after the names of the male and female in the caption.  This tells the court who filed the initial court paperwork when the case began and who is the husband or wife, or father or mother, of the children.  Obviously, people are not always married when they have children, so a name like Father or Mother may be used in the caption.

Next, there is often language listed at the top of the legal document which tells the court what you would like the court to do.  One example could be “Motion for Status Conference” or “Motion for Rule to Show Cause”.  These legal terms tell the court right away what you are asking it to do.  After the initial language, the court paperwork should introduce the parties that are listed in the caption, state who is asking the court to do something and against whom the motion or paperwork is directed.  The legal paperwork should then to go on to state the relevant history of the case and why you think you are entitled to the courts help. 

If the legal paperwork is prepared and filed correctly, the court will often set the matter for a hearing and order the other side (e.g. the child support payor) to come into court and explain why he or she hasn’t been paying child support.  The court can often do things like garnish wages and/or put the non-payor in jail.  In fact, there are many things a court can do to help you collect child support, but you need to make sure that you or you family law lawyer file the correct legal paperwork so that the court can help with your request.

Child Custody Rights | Follow the Laws

If you are in the midst of a child custody, or child visitation battle, you should know your rights.

An important thing to remember, whether you are represented by an child custody child custody attorney or not, is that you are only obligated to follow the law.  Now, the law can be two things:  either (1) judge made law or (2) legislated law.  Following both the statutes in your state and court order is of the utmost importance.  But, that is all you have to follow.

You are not obligated to follow the rules set down by the mother of father of your children if they are contrary to the law.  For example:  if a court order states that you are obligated to pay child support, you must pay child support.  That is obvious.  But, the court order may not say that you have to pay child support on, for instance, a Tuesday if that is what the opposing party wants you to do.

Are more common example is when the custodial parent begins making rules for you to follow which are contrary to a court order or the law.  The custodial parent may believe what he or she is doing is right, but it may not be in compliance with the law.  Many times, parents become over protective of their children and feel that the court orders or incorrect.  A custodial parent may make a rule that you have to provide him or her with and itinerary of what you will be doing when you exercise visitation.  If the court order doesn't say you need to supply an itinerary, you don't have to.  It is that simple.

If the non custodial parent persists in their behavior, then you may need to inform the court of the custodial parents' violation of a court order and/or the law in your state.  Put simply, don't be dictated to by the other side if the court or the law doesn't support it.

Child Custody Rights | Follow the Laws

If you are in the midst of a child custody, or child visitation battle, you should know your rights.

An important thing to remember, whether you are represented by an attorney or not, is that you are only obligated to follow the law.  Now, the law can be two things:  either (1) judge made law or (2) legislated law.  Following both the statutes in your state and court order is of the utmost importance.  But, that is all you have to follow.

You are not obligated to follow the rules set down by the mother of father of your children if they are contrary to the law.  For example:  if a court order states that you are obligated to pay child support, you must pay child support.  That is obvious.  But, the court order may not say that you have to pay child support on, for instance, a Tuesday if that is what the opposing party wants you to do.

Are more common example is when the custodial parent begins making rules for you to follow which are contrary to a court order or the law.  The custodial parent may believe what he or she is doing is right, but it may not be in compliance with the law.  Many times, parents become over protective of their children and feel that the court orders or incorrect.  A custodial parent may make a rule that you have to provide him or her with and itinerary of what you will be doing when you exercise visitation.  If the court order doesn't say you need to supply an itinerary, you don't have to.  It is that simple.

If the non custodial parent persists in their behavior, then you may need to inform the court of the custodial parents' violation of a court order and/or the law in your state.  Put simply, don't be dictated to by the other side if the court or the law doesn't support it.

Child Custody | Your Family Law Lawyer

A good family law attorney will explain these rights to you.  The lawyer will go over your options and discuss what court proceedings may be in your best interest to ask the court for child custody and/or visitation rights. 


It is important for a good family law lawyer to be aggressive but flexible to the highly emotional aspect of child custody laws.  It is also important that you explain to your lawyer your wishes and that you treat your lawyer with respect.  A good relationship between you and your lawyer will go a long way towards establishing trust.


Once you have retained a good family law attorney, you need to make sure that the lawyer is focused from the start on exactly what you want to do.  If it is a trial or an evidentiary hearing, you need to help your lawyer put your best foot forward.  Often, your first court hearing or trial is the most important one in establishing your long term child custody or visitation rights.  Help your lawyer gather information and listen when your lawyer tells you what he or she needs you to do.  Don't forget, you're lawyer is looking out for you and your child's interests.  Don't argue with the lawyer.

Following some of these tips may help you if are involved with trying to maintain your child custody rights.

Child Custody Laws | Know Your Rights

You have a right to see your children. That is a hallmark tenet of family law.

Every state in American has child custody laws that protect both a father and a mother's ability to participate in their children's lives.  Any good family law lawyer will tell you this.

Whether you have custody rights, visitation rights, or somewhere in between, nearly every court in the United States is mandated by the law to look out first for the best interest of the child.  Many states have included guidelines in their laws which provide that it is in the best interest of children to have frequent, continuing and meaningful contact with each parent.

Unfortunately, when parents either divorce or separate after having children, each parent is often unable to decide who should have primary custody of the minor child. A court is often asked by the parents and their lawyers to determine which parent should have more parenting time - and therefore more physical custody - of the children.

This process is extremely difficult for the children and their parents.  However, a judge is often called upon to make a decision, and the judge will most certainly make a decision if the parents are unable to come to an agreement. This is where the law comes into play most heavily in a parent's child custody rights.

Whatever decision a judge ultimately makes, it important to remember that both parents have a right to see their children.  For example, if a father is awarded custody of a child or children by a court, that does not mean that the mother no longer has the right to visit with her children.  In fact, many state legislatures have mandated that the non-custodial parent's right to have contact with his or her children is of the utmost importance.  Despite this, and due to the dislike and animosity between the parents, they are often unable to see past their differences and do what is in the their children's best interest.