How do I start the divorce process?

How do I start the divorce process?

A divorce lawyer, guides clients through the legal process of terminating their marriage. During this stressful and difficult chapter of your life, you can feel confident that your legal rights are being protected from those who might try to take advantage of you. When the divorce court judge makes a ruling, their decision is legally binding. For every issue that comes up in court, it’s crucial that you present your case in a clear and compelling way. This is difficult under any circumstances, but when it’s an emotionally charged situation it becomes that much more challenging. A skilled divorce lawyer from our firm will provide the court with insightful and non-emotional information that can persuade the Judge to view arguments from your perspective. Call us today to schedule a consultation with a lawyer who has years of experience handling even the most complex of divorce cases. This is an important first step in the divorce process.


What is an original petition for divorce?


In the early stages, your divorce lawyer will file a document with the local court that is referred to as the “original petition for divorce.” It is also referred to as a “letter of complaint.” It is a formal and legal request on your behalf (the petitioner) to the court that you should be granted a divorce. It may also include what is legally referred to as “relief” that the petitioner believes the other spouse owes them. Typically, it is in reference to spousal support, otherwise known as alimony or palimony. Here are several important aspects of the original petition for divorce with which you should be familiar, and that your divorce lawyer can further explain:


  •         It will identify the two parties in the divorce proceeding.
  •         It will identify any minor children that the two parties share.
  •         The person who files the divorce papers with the help of their lawyer is known as the petitioner.
  •         The person who responds to the divorce papers is known as the respondent or defendant.
  •         After being served with the divorce papers, the respondent will have a certain amount of time to hire their own divorce lawyer before responding to the original petition for divorce.
  •         If necessary, after the respondent has been served the divorce papers, either party can request a restraining order, a protective order, or temporary order in regards to child support and/or spousal support.


What are temporary divorce orders?


Your lawyer may recommend that you seek temporary divorce orders. These are rulings set forth by the divorce court judge that mandate certain actions which must take place and are legally binding. Typically, they are used to immediately begin things such as child support, child custody, or spousal support agreements. Later, after the divorce court hearing has concluded, the judge may rule that those agreements should be continued or else modified in some way for the long term.



Greenberg Law Offices