Make divorce petition online

 

1. Make divorce petition online

Marriage is more than just a romantic partnership. This is a legal relationship that gives you certain rights and obligations. If you want to end your marriage, you must file for divorce so that the state can officially dissolve your marriage.
The stages of divorce can be complicated and it can take time to become single again. This step-by-step guide to the divorce process will help you understand what to expect so you can prepare for all the obstacles you will have to overcome if you no longer want to be married to your spouse.

2. What does the divorce procedure include?

Divorce occurs when a court legally ends your marriage. You are not considered divorced in the eyes of the law until a judge signs a divorce decree.
In addition to ending your marriage, most divorces decide how your marital assets will be divided, whether alimony or spousal support will be owed, and how custody of your children will be shared
The specific stages of divorce vary from state to state, so it's important to know the rules where you live. However, in most states, you will have to take the same steps as in divorce before your marriage can dissolve.
There are also many different types of divorce, including fault or no-fault divorce and contested and uncontested divorce. You and your spouse will need to think about what is good for you as well as the children involved.

3. Divorce process step by step

Below are the divorce steps you may need to take before the court declares your marriage over.

Separate

Divorce cannot happen overnight. In fact, many states have waiting periods for divorce. This means that there must be a certain amount of time between the time you separate and/or file for divorce and the time your marriage officially ends.
The waiting period before a divorce can last from a few weeks to a year, although some places have no waiting period at all.
In the meantime, you may be separated from your spouse informally or formally.
If you are unofficially separated, you live separately. In some states, you can do this in the same house. If you are legally separated, you have a written agreement or order regarding money, custody, and support. This can be helpful if your spouse is uncooperative (for example, does not allow you access to the home or children, or refuses to give you the financial support you need). It is very important that you understand whether your state requires a period of separation before your marriage ends and how your state defines separation. Otherwise, you may delay the divorce. An experienced divorce attorney can explain this aspect of the divorce process to you where you live.

Determine grounds for divorce

When you are ready to proceed with the divorce process, you will need to decide whether you want to file for a fault divorce or a no-fault divorce.
All states allow no-fault divorce. This means that neither party alleges any specific wrongdoing to justify the divorce. Instead, divorce is simply based on the fact that you and your spouse have irreconcilable differences. No-fault divorce is acceptable even if your spouse does not want a divorce.
Some states also allow fault-based divorce. This means there are specific reasons for divorce such as abuse, abandonment or adultery.
Fault divorce can be more complicated and more expensive, but you can file for a fault divorce for many reasons. You may want to document that you believe the other party is responsible for your breakup. Or you may think you can influence court decisions on issues such as property division or child custody by proving that your spouse has wronged you.

Ask for divorce

Filing a lawsuit is one of the most important stages of divorce. In this part of the process, you file documents with the court to begin the process of officially dissolving your marriage.
If your state imposes a waiting period, make sure you have been separated for the necessary amount of time before filing for divorce so you don't have to start the process over.
You should also make sure to file for divorce with the appropriate court. This is usually the family court or divorce court in the county where you or your spouse lives because most places have a residency requirement. These rules require you to have lived in that area for a certain amount of time before getting a divorce there.
You must provide some important information in your divorce petition, including: Names and contact information for you and your spouse

Grounds for divorce

Whether you have children and, if so, their personally identifiable information, including their age and location.
What you want regarding property division and child custody, as well as whether you are seeking alimony or child support. You must pay the divorce fee when you file for divorce (or you can file for free if paying the fee causes financial hardship). Fees vary depending on location.

Divorce filing service

When you file for divorce, your spouse must be officially notified. You can ask the sheriff to serve your spouse with divorce papers or hire someone to serve them.
If you don't know your spouse's location, you should still try to make sure he or she receives notice of the divorce filing. You can do this by posting notices in local newspapers if the court allows you to do so.
Before proceeding with a divorce, you must be able to provide proof to the court that your spouse has been served (or that you have attempted to serve the papers). Respond or divorce by default

In most cases, when you serve your partner with divorce papers, they have a certain amount of time to respond.
If your partner fails to do so, you can go to court and file for default divorce (sometimes also called an uncontested divorce). The court will usually go ahead, grant everything you asked for, and dissolve your marriage. However, if you and your spouse have children together, the court will ensure that it is acting in the best interests of the children before making decisions regarding them.

However, typically your spouse will respond after you file for divorce. This means your spouse will file a “response” to your initial divorce petition. Your spouse may agree with you in your answer or disagree with your statement. Your spouse can also file a counterclaim and present new allegations or information to file with the court.
If your spouse responds, he or she usually must serve a copy of that response on you and provide proof of that service to the court in order for the proceedings to continue.

Interim hearing

In some cases, an interim hearing will be held after the divorce petition is filed but before formal legal proceedings to dissolve the marriage begin. This is especially likely in states where there is a long waiting period between when a couple separates and when a divorce can proceed.
At a temporary hearing, the court can deal with matters that cannot wait for a full trial to resolve your marriage. This may include

Create a temporary custody arrangement
Provide temporary financial support to a spouse or child
Enforce domestic violence restraining orders
Imposing restrictions on the use or sale of common property
Order a reasonable division of costs in the divorce proceedings
You and your spouse must be present at the interim hearing and you should generally ensure that you are represented by an experienced divorce lawyer who can advise you on the process and help Protect your rights.

Q&A

Question 1: Can I make a divorce petition online?

Question 2: What information and documents are usually required to make a divorce petition online?

Question 3: Is it advisable to use online divorce petition services, or should I consult with an attorney?

Question 4: What are the steps involved in making a divorce petition online?