To begin the divorce process a document called “Original Petition for Divorce” is filed with your local court clerk. In some states, this is referred to as a “Letter of Complaint.” An original petition for divorce is a request that the court grant a divorce and list any relief the party filing for divorce feels they are due.
The original petition or letter of complaint will identify the parties to the divorce and any children they may have. The party filing for divorce will have to state a reason as part of the petition or letter. In most states, this will be “irreconcilable differences” or “incompatibility” based on new no-fault divorce laws.
The person filing for the divorce will be named the “petitioner” by the courts while the other party to the divorce is referred to as the “respondent” or, in some states, the “defendant.”
The original petition or letter of complaint is then served on the respondent. Normally a member of the local sheriffs office serves the petition. Once the respondent has been served he/she has thirty days to hire an attorney and respond to the original petition for divorce. It is at this time that either party may ask for restraining orders, protective orders or temporary orders pertaining to child support and alimony.
