What are the steps in getting a divorce?
Most frequently, one spouse (the “Petitioner”) retains a lawyer to file for divorce against the other spouse (the Respondent). The attorney prepares an “Original Petition for Divorce” and files the petition, along with the filing fee, in the court having jurisdiction (usually District Court) in the County where one or both of the spouses reside. The Respondent is then served with the divorce papers by a private process server, Sheriff, or other authorized person. The Respondent then may file an Answer within a specified period of time and/or hire an attorney to represent his or her interests. At times, the Original Petition for Divorce is served with a Temporary Restraining Order (TRO). This order is an immediate order from the Judge to prohibit the other spouse from certain activities. Typically this may include hiding, secreting or liquidating assets, or committing or threatening to commit family violence. In a divorce with a TRO, a temporary hearing is usually set within a week or t
1. Filing the petition: The first step taken to initiate a divorce is the filing of a Original Petition for Divorce. This is a simple document that names the parties and any children of the marriage and states that one of the parties (the Petitioner), is seeking a divorce and the reason for the divorce (the grounds). The petition may also state some of the things that the Petitioner may ask the court to decide, such as a division of property, orders providing for the children, and attorney’s fees. When the Petition is filed the Petitioner must pay a filing fee to the court or usually around $260. The filing of the Petition begins the 60 day waiting period, but it is not a court order and does not establish anything legally. It is merely a statement by the Petitioner that he/she wishes to have the marriage dissolved. 2. Grounds: The most common ground for divorce is insupportability. The sole allegation necessary in the divorce petition is that “the marriage has become insupportable bec
