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Divorce petition helps to kick-start divorce process

WEINER LAWInsightsDivorce petition helps to kick-start divorce process

Uncategorized Thursday, November 29, 2018

You might be eager to break up with your spouse and move forward with your own life. However, you might not be sure how to get the process started.

Your first step when it comes to getting divorced is filing your petition for divorce. Here is a look at what this step involves in New Jersey.

What purpose does the petition serve?

This document basically tells the divorce court you would like to break up with your spouse. Once you have submitted your petition to the court, you need to have it delivered to your future ex-spouse — a process commonly known as serving the petition on your spouse. In this way, your future ex will also know you have started the divorce process.

What information should go in your petition?

The following bits of information can go in your petition:

  • Why you’re wanting to get a divorce
  • The names of the children you share
  • When you married
  • Where you married
  • Your home address
  • Your name plus your spouse’s name

It is also important that you confirm that either you or the other party has been a New Jersey resident for the six months preceding your petition filing. In addition, you can explain in the petition how you wish to handle various divorce matters, including asset division, visitation and even child custody.

What about requesting a temporary court order?

You can also request this type of court order if you are facing a certain family issue or financial problem during your divorce proceeding. For instance, you may address the following matters in temporary orders:

  • How you will handle physical custody, or which parent the children will live with
  • How you will handle visitation
  • How you want to address alimony and child support
  • Which spouse gets to keep the marital home
  • Who will pay which bills (and other financial matters)

If your temporary order request receives court approval, the order will apply up to the moment you finalize your divorce.

Filing for divorce can certainly be complicated due to both the emotional aspect and the financial aspect of such a process. Fortunately, during all stages of your divorce proceeding, from start to finish, an attorney can provide you with the guidance you need to seek the best outcome possible considering the circumstances of your marital breakup.

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