How to Start the Divorce Process - NY Divorce Lawyer
Keep in mind that the exact way to start the divorce process varies depending on the state you are filing in. You will have to learn the requirements that are outlined by your state before starting. However, they are pretty similar across the board in the United States. You will have to decide where you want to file. If you or your spouse has established residence in a state for at least 6 months (or a year), then the chances are good that you can file there. The process officially begins with the Original Petition for Divorce.
Once filled out, this document then is submitted to the court clerk in your area. It’s simply states that you are requesting a divorce and asking the court for approval. It also includes details such as the identity of your spouse, children (if applicable), and the primary reason for the request.
The petition is then served to the other spouse, who then becomes the “respondent” while the person initiating the divorce is the “petitioner.” The respondent then has about 30 days to give a reply. Should the respondent agree to what’s outlined in the petition, then there is a better than average chance that the divorce can proceed without going to court.