How does the divorce or legal separation process begin?
One party must file a Petition with the Court, which simply sets out the statistical information of the parties, and states that the Petitioner believes that the marriage is irretrievably broken. The Petition states the names and ages of the husband, wife, and all children born or adopted during the marriage; when and where you were married, and when you separated; that the residence requirement has been satisfied; and that your marriage should be dissolved. It asks the Court to divide the property and debts, allocate parental responsibility, and enter orders regarding child support, maintenance, attorney’s fees, and Court costs. The wife can also seek to revert to her maiden name. The other party (the “Respondent”) must be served with the Petition and Summons, or sign the Waiver of Service. The Respondent may then file a Response to correct any information provided in the Petition, or to request alternative relief of their own.
