A local divorce attorney can prepare the divorce petition a motion for temporary orders. When the divorce petition is filed with the court, you are officially beginning the divorce process. The divorce petition must be prepared according to specific statutory requirements and must contain specific allegations about the marriage of the parties, residence of each party, children of the marriage and more.

The divorce petition must be served on your spouse. Service of process requirements in divorce cases differ from state to state. Some jurisdictions may require service via the Sheriff’s department or a private process server, while others may allow for service by certified mail or personal service. If your spouse cannot be located, service may take place by public notice in a newspaper.

As with any civil lawsuit, the respondent has the opportunity to answer the petition to dispute or deny claims made in the divorce petition. The respondent needs to answer the divorce petition but may also file a cross-petition, making his or her own allegations and requests.

Categories: Divorce Guides and Legal Guides.