What is a Petition for Divorce?
The first step
A Petition for Divorce is the first step to getting a divorce and must include the following components:
Basic information for both parties
jurisdiction
grounds for the divorce (title 43 Section 101)
Abandonment for one (1) year
Adultery
Impotency
When the wife at the time of her marriage was pregnant by another than her husband
Extreme cruelty
Fraudulent contract
Incompatibility. Provided, however, where the interest of a child under eighteen (18) years of age is involved, the adult parties shall attend an educational program concerning the impact of divorce on children as provided in subsection B of Section 107.2 of this title.
Habitual drunkenness.
Gross neglect of duty.
Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
Insanity for a period of five (5) years
information regarding any children
a statement regarding the desired distribution of finances and assets
a certificate of service
any information regarding the need for emergency custody
a standard coversheet required by the court clerk’s office
Summons and Automatic temporary injunction
Once this document has been completed, it must be taken to the family desk at the office of the court clerk. The clerks will take the petition, along with the standard coversheet, and create your case file. If you are the one filing the petition, for the rest of the divorce proceedings you will be referred to as the petitioner, and the spouse receiving the petition will be known as the respondent (Title 43 Section 105(B)). Once the petition has been filed, it must then be served to the your spouse either via a personal process server, or by certified mail. Service can be accomplished by other means, but only with the permission of the court if other attempts at service have failed. Parties do have the option of waiving service.
Boeheim Freeman Law is committed to helping you through this process and providing you with the best possible legal representation and counsel.