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Know your Procedure

Posted by: Tim Keck
November 10, 2009
Topic: Divorce Procedure

A divorce usually starts with a divorce petition that is initiated by one spouse (the petitioner) and served on the other (the respondent). The petition, which includes pertinent information about the marriage, is also filed with the clerk of court in the county where the petitioner resides at this time. The facts disclosed in the petition pertain to the names of the husband and wife, the date and place of marriage, names of any children resulting from the union, separate or community property held by the parties, child custody, child support, spousal support, and any other issued to be addressed regarding the dissolution of marriage. Proper divorce procedure mandates that the respondent spouse be given notice that the divorce petition has been filed, either by the petitioning spouse or process server. The respondent then ordinarily has thirty-five days to answer or file a counter-claim. If both parties agree on the settlement, a court hearing is not required and the divorce will be final shortly thereafter.