HOW DOES A DIVORCE START?
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
I recommend that you hire a divorce lawyer if your divorce is not consensual and there are difficulties with the division of property or custody of children. Such processes can be delayed for months.
A “Petition and Summons” are filed by one spouse or his or her attorneys, or both parties can file jointly. If the spouses do not file jointly, notice must be given to the other spouse. This is called “service of process.” A sheriff or process server will deliver the papers to a party who is not willing to accept papers and sign a special “waiver of service” form.
