Normally the original petition of divorce is filed before a separation agreement is drawn up. It all depends on which state you file in and that state’s rules for civil procedure. Whether filing your petition comes before or after it will eventually happen and there are things you need to know about how it is filed and what it contains.
When you file the original petition the divorce action begins once a summons is served upon your spouse. Depending on what state you live in your spouse will have a certain number of days to respond to the summons for divorce. Once there is a response, the ball starts rolling.
The original petition that you file will briefly state the grounds upon which the divorce is sought and a brief outline of what you are seeking in the divorce (the house, the cars, joint custody, child support and so on). If you are a Pro Se litigant and filing an original petition without legal assistance it is imperative that all emotions be kept out of the document. The petition is strictly about the grounds and what you wish to walk away with. The judge who will read the petition is not interested in how you feel about the divorce or whatever wrongs you feel your spouse has done. Keep it short and to the point!
