Divorce Guide

Divorce Guide

Divorce Petition Draft

Drafting the divorce petition is not a difficult thing to do in a divorce process. Divorce petition draft will make you understand your case more properly, if you do it on your own. Drafting petition is a legal process and hence, it is advisable to appoint a lawyer.

When you decide to draft the petition, make sure you include all the issues like alimony, property division, debt payment, child custody, and visitation. In case the issues of children are already solved, the divorce becomes uncontested, giving you the opportunity to file the petition on your own. You can draft the petition on fault or no fault grounds. For filing a divorce on fault basis, factors like adultery, cruelty or mental health problem should be included and for no-fault grounds, simply mentioning irreconcilable differences will do.

Process of Divorce Petition Draft

  • You have to make sure under which jurisdiction you petition will come. You might draft the petition on a state or county level. Get the help of the department that can consult and guide you well in the drafting process.
  • You can also request for petition guidelines. Enquire how many signatures you require in the petition form and whether any approval is necessary before the petition gets circulated.
  • Refer to the guidelines to write a short explanation of your case. Make it simple, to the point and easy to understand. A good example can be, "We, city citizens of newyork, petition the countyís court to grant divorce due to irreconcilable differencesĒ.
  • Read over your description carefully. Make sure that the situation is described and you have all the grounds ready on which you are deciding for divorce petition draft.
  • Make the division of petition pages into four columns with summary on the top. Name the columns as address, name, phone number and sign. Make sure that plenty of space is maintained for the address column.
  • Make copies of your original petition. You should have pages for the number of signatures you require in the petition.
  • Attach the papers to a clipboard and pen along with it. Get the signature of the spouse and the witness of your case.

Once the issues are finalized to be discussed in the court, the petitionerís lawyer will draft the Divorce Petition. Further, grounds are mentioned stating the relationship breakdown. The petitionerís lawyer will also make a document called The Statement of Arrangements if children are present. It highlights the arrangements of the child for future and present. The Divorce Petition Draft with necessary documents and a court fee is sent to any county court where divorce is to be issued.

The court then sends to the respondent a petition copy, Statement of Arrangements and a service acknowledgment. The respondent will finish the Acknowledgment of Service by responding if he/she wants to defend the divorce and agree with the Statement of Arrangements. The document is then sent to the same county court.

Once the court gets the Acknowledgment of Service, they send a copy to the petitionerís lawyer. If the respondent has indicated that he/she is ready to defend the petition, a different legal process starts. The lawyer will consult the petitioner in the case. Lawyer can give you the best help in divorce petition draft.

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