Original Petition For Divorce

An original petition for divorce, or complaint, begins the divorce process when it is filed with a court clerk. This document will list the parties to divorce, any children they have and reasons the petitioner is requesting the divorce. In some states the reason a divorce is requested can be as simple as “irreconcilable differences” and in other states there must be proof of certain grounds for divorce, such as adultery.

The spouse who is served the original petition for divorce has a specific amount of time to respond to the complaint. A response should state whether or not the respondent, or defendant, agrees or disagrees with the complaint.

Temporary Divorce Orders

Once both the complaint and response are filed with the court, the court will hold a hearing and issue any temporary divorce orders. Some issues that are covered in these temporary divorce orders include:

• Who gets to remain in the house
• Who will get temporary custody of any children
• If any spousal support will have to be paid

These orders must be followed until the final divorce hearing. Not complying with these temporary divorce orders could lead to a contempt of court charge.

Discovery

Discovery is how both spouse’s attorneys will verify any facts in the original petition for divorce and in the response to the original complaint. Each attorney can file a request for documents from the other spouse, including financial statements, appraisals for property and other assets. The attorneys can also take depositions during this phase, which means they take sworn testimony from the opposing spouse or any witnesses.

Mediation

For some divorces, mediation is the final step in the divorce process. Both parties to the divorce will meet with their attorneys and a mediator to try to resolve any conflicts and come to an agreement. The mediator will be a court appointed attorney that will try to help negotiate a settlement between the parties and their attorneys.

Divorce Court

If mediation doesn’t result in an agreement, then a trial date will be set for divorce court. If it comes to a trial, both parties will argue their sides in front of a judge, and the judge will come to a decision as to a fair settlement for both parties. After the trial, the judge and both attorneys will work together on creating the judgment for dissolution or the decree of divorce.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Further Related Legal Information: For more information on divorce law in Long Island visit WurtzelLaw.com