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.