The divorce process will not begin until you file your petition with the court clerk in the proper county. Petitions can be obtained online but, since these are generic forms it is best to get all the proper paperwork from your court clerk so they will be specific to the laws and procedures of the court you are filing through.
The petition will need to contain a statement in plain and to the point language regarding the cause of the divorce action and the relief you are asking. If you are filing on certain grounds, state those grounds without going into details. You will be able to give details and evidence regarding the details at a later date. The court does not want to hear all the gory details of your marriage in the petition for divorce. If there is anything in the petition that you do not understand, a call to your court clerk will clear up any confusion. You will find out through the process that the court clerk will become an invaluable source of information. They can not give legal advice but do give advice on filling out and filing legal documents. Specific and information needed will vary from state to state the petition will normally request the following information.
- Identification of the spouses by name and address.
- Date and place of marriage.
- Identification of children of the marriage.
- Acknowledgement that the petitioner and his/her spouse have lived in the state or county for a certain amount of time before filing the petition.
- Grounds for divorce.
- Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
