The first step you must follow to get a divorce is to file a document called a “Petition for Dissoluton of Marriage” and a “Summons” with a court.
Each state has different laws; however, it is likely not an overstatement to say that the “Petition” and the “Summons” are two universals across the country. Furthermore, if either of these documents are absent, a court will not process either of them alone and you divorce will be, essentially thrown out of court.
While it is true that many states allow individuals to file their own divorce paperwork or “divorce pleadings”, it is often difficult for people to understand exactly what they have to do. This creates confusion for the judge and the court staff – which is never a good thing. Often, it is far better to contact a divorce law lawyer to seek guidance or help for what to do and what not to do.
Furthermore, there are certain kinds of information that must be in a Summons and a Petition for Dissolution of Marriage. In the Petition, the document must contain the full names of the husband and wife and their children, if any. It must contain the addresses and counties of residence of all parties. It must state a grounds for why the divorce is desired – such as “an irretrievable breakdown.” It must also set forth information in which the person who is filing the document (the “Petlitioner”) is asking for further temporary or “provisional” relief.
The Summons is often simpler, but still very necessary. The Summons is the official court document which is “served” on the “Respondent” by the “Petitioner”. For example, if a wife files for divorce, she is the Petitioner and she must serve the Petition and the Summons on the husband, the “Respondent.” The Summons sets out information which allows a Respondent to understand what is happening. It lists the filing by the wife. It sets forth times which the Husband may respond. It lets the Respondent (Husband) know his legal right.
There are other kinds of information which should be in a Summons or a Petition for Dissolution of Marriage. Often it depends on the law in your state. Talking with a good Dakota County divorce law lawyer will be a good start knowing what to include in the legal documents, how to correctly file them with the court, and how to properly serve them on the other party.
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