Petition
The formal legal document filed with the court to initiate divorce proceedings, also called a complaint in some states.
Understanding Petition
The petition (or complaint) is the document that officially starts the divorce case. It identifies both spouses, states the grounds for divorce, lists children of the marriage, and outlines the relief sought (custody, support, property division). The petition must be properly served on the other spouse, who then has a deadline to file a response. Filing the petition establishes the court's jurisdiction and may trigger automatic temporary restraining orders in some states. The petitioner does not gain any advantage simply by filing first.
Real-World Examples
She filed the petition for dissolution of marriage on Monday, and her husband was served with the documents at his office on Wednesday.
Related Terms
The spouse who initiates the divorce by filing the petition with the court, also called the plaintiff or complainant in some states.
Filing FeeThe fee charged by the court to process a divorce petition, typically ranging from $100 to $450 depending on the state and county.
JurisdictionThe legal authority of a court to hear and decide a divorce case, typically based on where the spouses live.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.