Divorce

Tagged Petition for Dissolution of Marriage

Divorce Law: The Requisites of the Marital Dissolution (Divorce) Petition

by Joseph Flanders December 1, 2011 234

Lawyers know what the legal requirements are to file a Petition for Dissolution of Marriage with a court-of-law.  However, I would be willing to bet that most readers this blog have no idea what the legal requirements are.  If you feel like being educated, read on.

The requirements for a valid and enforceable petition for dissolution of marriage are regulated by the laws of each state.  I’ll say it in every post:  check with a divorce law firm in your area for information about the specific laws in your state.  I’m not licensed in every state in the United States and, yes, the laws do change.

To generalize, the law, “statute”, or “code” in your state will regulate what is required for a divorce petition.  As an example of the general requirements for what belongs in a divorce petition, see below:

What must be in a dissolution of marriage petition?

1. The name and address of the petitioning party (who is bringing the lawsuit) and, where child support or spousal maintenance may be involved, a separate sheet of paper with the filing party’s social security number and any prior names;
2. The name and address of the respondent (the spouse receiving the divorce paperwork) and, as above, the social security number and any prior names;
3. The place and date of the parties’ marriage’;
4. A showing that the court has jurisdiction:  meaning the petitioner or the respondent have lived in the state for the requisite number of days and established residency before they filed the divorce petition;
5. The name, or any prior name, social security numbers, age, and date-of-birth of all living children of the divorcing parties;
6. Whether or not a separate divorce proceeding is currently pending in another state;
7. That there has been an “irretrievable breakdown” of the marriage;
8. A request for any permanent or temporary spousal maintenance, child support, child custody, and/or temporary possession of marital property;
9. Whether an Order for Protection is necessary.

That is the generic list.  Again, check with a divorce law firm in your state if you need to know more about the legal requirements in your state.

Finally, in most states, the Petition of Dissolution of Marriage must be verified by the signing party or parties.  (If a joint petition is brought, then both the husband and wife must verify the Petition).  What does verify mean?  It means that it must be signed and acknowledged that the statements are true to the best of the signer’s knowledge under the pain and penalties of perjury.