In addition to being emotionally challenging, divorces can also be legally complicated, especially if there are children or many assets involved. One of the first steps in the process is filing a divorce petition.
“A divorce petition is what officially kicks off the process of ending a marriage,” says Ramzy Ladah, a trial attorney and personal injury lawyer at Ladah Law Firm. “It’s a legal document that lays out basic details about the marriage, the reasons you want the divorce, and what you’re asking the court to do, whether that’s dividing property, deciding custody, or awarding support.”
A well-executed divorce petition is important. “The information it contains needs to be clear and complete because it sets the tone for how the case will move forward. It’s not just paperwork — it’s the foundation of your case, so every word matters,” says Ladah.
In this article, we’ll explore the components of a divorce petition, how the divorce process works, and how Jotform can simplify the divorce petition process with an intuitive template.
The key components of a divorce petition
A divorce petition is a legal document, and its required contents can vary depending on location, so not every petition will look the same. It’s advisable to work with a legal professional in your area when preparing one.
Here are some of the key components that may be required in a divorce petition:
- Petitioner and respondent information: The petitioner is the person filing the divorce petition, and the respondent is the person receiving the divorce petition. Include full names for both parties as well as addresses and contact information.
- Marriage details: Provide the date and place of the marriage as well as other key dates, such as the date of separation.
- Grounds for divorce: Zain Ali, a lawyer with Affinity Law, says this includes “the legal reasons for seeking a divorce, which may include irreconcilable differences, adultery, abandonment, etc.” The acceptable grounds for divorce differ depending on location, so pay special attention to this section.
- Details about children, if applicable: “For divorcing parents, the petition should include a request for child custody (parental responsibility), a proposed time-sharing schedule, and child support arrangements,” says Joy Owenby, owner and founder of Owenby Law. The rules regarding custody can also vary greatly by location.
- Financial disclosure and request for relief: “The petition should list what assets were accumulated during the marriage — bank accounts, cars, homes, even debts — and propose a fair way to split them,” says Ladah. “In community property states like Nevada, for instance, assets are generally divided 50-50 unless there’s a reason to do otherwise. Spousal support, or alimony, might also come into play if one spouse needs financial help after the divorce. The petition can include a request for temporary support to cover living expenses until the court makes a final decision.”
- Health and life insurance: “Requests for maintaining health insurance coverage for children and possibly for a spouse can be included, as well as any life insurance policies to secure alimony or child support obligations,” says Owenby.
- Restoration of a former name: “A spouse who wishes to revert to a previous name can request this in the petition,” says Owenby. “This is often requested by individuals who took their spouse’s last name at marriage.”
- Verification: This is a signed statement affirming that the information provided is true to the best of the petitioner’s knowledge, and it’s often certified by a notary public, says Ali.
Be sure to include all the necessary information when writing the divorce petition — avoid leaving sections blank or using vague language.
“When drafting a divorce petition, it’s essential to be as specific as possible,” says Ladah. “It’s not enough to say you want joint custody or fair asset division. The court needs details — how the kids’ schedules will work, how the property should be split, how much support you’re asking for. If the request isn’t specific, you leave too much open to interpretation, which can lead to problems later.”
Don’t rush through the divorce petition. Give it the time it deserves.
The divorce petition process
The divorce petition process has several steps, and the timing varies — it could take anywhere from a few months to a few years to complete, depending on the people involved, the issues at play, and the location.
In general, though, the first step is for the petitioner to gather all of the required information and prepare the petition. They then file the petition with the appropriate court and pay any necessary filing fees.
What happens next? “The petitioner must serve the divorce petition on the other party, providing them with official notice of the proceedings,” says Ali. “This can typically be done via a process server or by mail, depending on local rules.”
Once the petition has been officially served to the respondent, it’s time for the respondent to play their part. “The respondent has a specific period (usually 20–30 days) to file a response to the petition, either agreeing or contesting the claims,” says Ali.
There are typically 45–60 days of discovery, notes Owenby. During this time, the petitioner and the respondent must disclose financial paperwork. The mediation process comes after that. Many couples settle the divorce at mediation, after which a short final hearing is held.
If the couple doesn’t settle at mediation, they then must go to trial.
The divorce petition process can be overwhelming and emotionally draining; however, it’s important to keep a cool head. “Keep emotions in check and focus on the facts and legal grounds for your divorce to avoid unnecessary complications,” says Ali.
Keep in mind that while the petition is the key document in this process, it’s advisable to gather other relevant records as well.
“Emails, text messages, receipts — anything that supports the claims you’re making — can become crucial if the case ends up going to court. If you ask for child support or alimony, for example, you’ll need financial documents to back up why it’s necessary. Keeping organized from the start will save headaches later,” Ali adds.
Gathering and organizing this paperwork can take a lot of time, so don’t leave it to the last minute.
A less stressful way to create a divorce petition: Jotform
Information-gathering is complex enough in a divorce. Keep the documentation itself simple with Jotform’s petition templates.
Our divorce petition form template includes fields for essential information, like the parties involved, the grounds for divorce, and other details — and it’s completely customizable. You can easily tailor it to your specific requirements by adding or removing fields as necessary.
You can easily collect signatures on the document if needed by adding an e-signature field to your form that takes advantage of Jotform’s e-signature tool. Simply add the signature to the document with Jotform Sign.
Photo by Photo By: Kaboompics.com
Send Comment: