Fillable Form Divorce Petition

What is a Divorce Petition?

A Divorce Petition is the initial court document used to file for a divorce between spouses. In some states, this is known as a divorce complaint or a petition for dissolution of marriage. In addition to formally dissolving the marriage, a divorce petition also addresses certain issues such as who will keep the family home, how child custody will be managed, child support, alimony, who will receive certain assets, and how debts will be addressed.

A Divorce Petition Form is completed by one spouse (the petitioner), filed at court, and then sent to the respondent spouse. Divorce proceedings must be initiated in the Family Court. The filing of a divorce petition with the court signals the start of the divorce process. Once the divorce petition has been “served” on the petitioner’s spouse, it also notifies the respondent spouse that the divorce process has officially begun.

While specific requirements and formats vary from state to state, a Divorce Petition Template typically contains the following information:

• Name and address of the spouses
• Date and place of marriage
• Identification of children of the marriage
• Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition
• Grounds for divorce
• Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce

Moreover, while the divorce procedure is ongoing, a Petition for Divorce Template may also ask the court to grant temporary “orders” on certain familial and financial matters. If approved, these orders usually stay in effect until the divorce becomes final. These temporary orders could be issued for a variety of reasons, including:

• Which spouse will have primary (physical) custody of the children
• Child visitation schedule for the non-custodial spouse
• Payment of child support
• Payment of spousal support
• Which spouse will live in the couple’s house or primary residence
• Payment of bills and other financial concerns

In a divorce, serving or responding to a divorce petition is a part of the legal process. In any divorce, one party will file the initial divorce papers with the court first. This person is known as the “petitioner.” Once the petition of divorce is filed, the party who filed it must serve the other party, who is then responsible for submitting an answer to a divorce petition.

In some states, withdrawing a divorce petition is allowed under the law and is recommended. Between the filing of a divorce petition and the finalization of the petition, the courts impose a waiting period. This is to allow the parties time to work out a reconciliation. In other jurisdictions where there is no waiting time, a divorce petition may be withdrawn at any moment before the judge issues a final decision. This means that you may petition the court to withdraw your divorce request by filing a motion to dismiss.

However, you handle your divorce will have a significant impact on how easy the process is and how much it will cost you. For this reason, you should consult an experienced divorce attorney for assistance with everything from preparing, filing, and serving the divorce petition to ensuring that your settlement agreement is fair to you.

How to fill out a Divorce Petition?

Using PDFRun, you can electronically fill out and download a PDF copy of a Divorce Petition PDF in minutes. Fill out the Petition for Divorce PDF by following the instructions below.

District Court

Enter the district court county.

State

Enter the state where the district county is located.

Judicial District

Enter the district court’s judicial district number.

Marriage

Enter the names of the parties.

Petitioner

Affix the petitioner’s signature.

Respondent

Affix the respondent’s signature.

Case Number

Enter the case number.

Division

Enter the court division.

Petitioner

Enter the name of the petitioner.

Item 1

Enter the petitioner’s complete residential address, including the number of days the petitioner has been residing in the said address.

Item 2

Enter the respondent’s complete residential address, including the number of days the respondent has been residing in the said address.

Item 3

Enter the parties’ date of marriage. Select from the drop-down list in which state the parties get married. Enter the county where the marriage was registered.

Attach an official copy of the marriage license with this Petition for Divorce.

Item 4

Enter the number of months the parties have been separated.

Item 5

This section states that the parties have no children and the wife is currently not pregnant.

Item 6

This section states that the petitioner and the respondent have entered into an agreement addressing all issues of the marriage, which is recorded in their Property Settlement Agreement, a true and correct copy of which is attached to this Petition for Divorce Form.

Item 7

Enter the petitioner’s and the respondent’s employer and their social security number (SSN).

Item 8

This section states that this Court is that of proper jurisdiction to hear this cause. The respondent has agreed to file an Affidavit of Consent in this cause. Neither the petitioner nor the respondent has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

Item 9

This section states that there is no reasonable likelihood that the marriage between the petitioner and the respondent can be preserved, and therefore, the marriage is irretrievably broken.

Wherefore, the petitioner prays for its orders:

Item A

This section states that the petitioner wants to dissolve the marriage between both parties.

Item B

This section states that the petitioner wants to divide the marital property between both parties, in accordance with the law, to settle all marital and non-marital property and debts of the parties, and to resolve child issues as specified in the attached Property Settlement Agreement.

Item C

This section states that the petitioner wants to grant such other and further relief as this Court deems just and proper in the circumstances.

Signature of Petitioner

Affix the petitioner’s signature.

State

Select the state from the drop-down list.

County

Enter the county.

Date

Enter the date the form was notarized.

Petitioner

Enter the name of the petitioner.

Notary Public

Affix the lawyer’s signature.

Commission Expiration Date

Enter the notary commission’s expiration date.