Understanding Divorce Petitions: A Guide for Business Owners, Long-Term Marriages, and Parents

Comprehensive guide to divorce petitions explaining the process, requirements, and special considerations for business owners, couples with significant assets, and parents with minor children.

Introduction

A divorce petition (also called a complaint for divorce in some states) is the legal document that initiates the divorce process. It formally requests the court to dissolve your marriage and addresses key issues such as property division, child custody, support, and alimony. This document is particularly significant if you're a business owner with company assets at stake, ending a long-term marriage with accumulated wealth, or have minor children whose custody and support must be determined. Understanding what goes into a divorce petition and how to properly prepare one can significantly impact the outcome of your divorce proceedings and protect your interests during this challenging transition.

Key Things to Know

  1. 1

    The divorce petition sets the tone for your entire case—being comprehensive yet reasonable in your requests can facilitate a smoother process.

  2. 2

    Business valuations are often contested in divorces involving privately-owned companies; consider getting a professional valuation before filing.

  3. 3

    For long-term marriages, courts typically favor more equal distribution of assets regardless of who earned them.

  4. 4

    Child custody determinations focus on the 'best interests of the child' standard, not parental preferences.

  5. 5

    Most states now offer no-fault divorce options, which can simplify the petition process and reduce conflict.

  6. 6

    Filing first gives you some procedural advantages but rarely affects the final outcome of property division or custody matters.

  7. 7

    Temporary orders requested in your petition can establish important precedents for final arrangements, especially regarding child custody.

  8. 8

    Financial disclosures in divorce are mandatory—attempting to hide assets can result in severe penalties and damage your credibility with the court.

  9. 9

    Consider tax implications when requesting specific assets in your petition—some assets may have hidden tax consequences when transferred or liquidated.

  10. 10

    The average divorce takes 12-18 months to complete, but proper preparation of your initial petition can help streamline the process.

Key Decisions

Parents with Minor Children

Long-Term Marriage Partners with Significant Assets

Business Owners

Customize your Divorce Petition Template with DocDraft

PETITION FOR DISSOLUTION OF MARRIAGE

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, [STATE]


IN RE THE MARRIAGE OF:

[PETITIONER FULL LEGAL NAME],
Petitioner,

and

[RESPONDENT FULL LEGAL NAME],
Respondent.

Case No.: _________________


PETITION FOR DISSOLUTION OF MARRIAGE

COMES NOW the Petitioner, [PETITIONER FULL LEGAL NAME], by and through counsel [ATTORNEY NAME AND BAR NUMBER] (or "appearing pro se" if self-represented), and petitions this Honorable Court for a dissolution of marriage from the Respondent, [RESPONDENT FULL LEGAL NAME], and in support thereof states as follows:

I. PARTIES, JURISDICTION, AND VENUE

  1. Petitioner Information: Petitioner, [PETITIONER FULL LEGAL NAME], is an adult resident of [COUNTY] County, [STATE], currently residing at [PETITIONER'S CURRENT ADDRESS], [CITY], [STATE] [ZIP CODE]. Petitioner's telephone number is [PETITIONER'S PHONE NUMBER] and date of birth is [PETITIONER'S DATE OF BIRTH].

  2. Respondent Information: Respondent, [RESPONDENT FULL LEGAL NAME], is an adult resident of [COUNTY] County, [STATE], currently residing at [RESPONDENT'S CURRENT ADDRESS], [CITY], [STATE] [ZIP CODE]. Respondent's telephone number is [RESPONDENT'S PHONE NUMBER] and date of birth is [RESPONDENT'S DATE OF BIRTH].

  3. Residency Requirements: Petitioner has been a resident of [STATE] for at least [NUMBER] months immediately preceding the filing of this Petition, thereby satisfying the residency requirements of [STATE] law for the dissolution of marriage. Specifically, Petitioner has continuously resided in [STATE] since [DATE].

  4. Venue Statement: Venue is proper in this Court pursuant to [RELEVANT STATE STATUTE] because: a. Petitioner resides in [COUNTY] County, [STATE]; and/or b. Respondent resides in [COUNTY] County, [STATE]; and/or c. The parties last shared a marital residence in [COUNTY] County, [STATE].

  5. Subject Matter Jurisdiction: This Court has subject matter jurisdiction over this action pursuant to [RELEVANT STATE STATUTE] governing dissolution of marriage proceedings.

II. MARRIAGE INFORMATION

  1. Date and Location of Marriage: The parties were lawfully married on [DATE OF MARRIAGE] in [CITY], [COUNTY] County, [STATE/COUNTRY].

  2. Length of Marriage: The parties have been married for approximately [NUMBER] years and [NUMBER] months as of the date of filing this Petition.

  3. Date of Separation: The parties separated on or about [DATE OF SEPARATION] and have lived separate and apart continuously since that date without cohabitation or reconciliation.

III. GROUNDS FOR DISSOLUTION

  1. No-Fault Grounds: The marriage between the parties has suffered an irretrievable breakdown with no reasonable prospect of reconciliation. Irreconcilable differences have arisen between the parties that have caused the irreparable breakdown of the marriage. All attempts at reconciliation have failed and further attempts would be impracticable and not in the best interests of the parties.

  2. Fault-Based Grounds: [IF APPLICABLE] In addition to the no-fault grounds stated above, Petitioner alleges the following fault-based grounds for dissolution: a. [SPECIFY FAULT-BASED GROUND, e.g., "Adultery: Respondent has committed adultery during the marriage, specifically on or about [DATES] with [INDIVIDUAL(S)]"]; b. [SPECIFY ADDITIONAL FAULT-BASED GROUND, e.g., "Cruel and Inhuman Treatment: Respondent has engaged in a pattern of physical and/or emotional abuse toward Petitioner, including but not limited to incidents occurring on [DATES] wherein Respondent [DESCRIBE CONDUCT]"]; c. [SPECIFY ADDITIONAL FAULT-BASED GROUND, e.g., "Abandonment: Respondent willfully abandoned Petitioner on [DATE] and has continued such abandonment for a period exceeding [STATUTORY PERIOD] without justification"].

IV. CHILDREN OF THE MARRIAGE

  1. Minor Children: The following minor children were born of or legally adopted during the marriage:

    Full Legal NameDate of BirthCurrent Age
    [CHILD 1 NAME][DOB][AGE]
    [CHILD 2 NAME][DOB][AGE]
    [CHILD 3 NAME][DOB][AGE]
  2. Pregnancy Statement: [SELECT ONE] a. Neither party is currently pregnant. b. Petitioner is currently pregnant with a child due on or about [DUE DATE]. Respondent [IS/IS NOT] the biological father of this unborn child. c. Respondent is currently pregnant with a child due on or about [DUE DATE]. Petitioner [IS/IS NOT] the biological father of this unborn child.

  3. Child Custody Jurisdiction: This Court has jurisdiction to make child custody determinations pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act ([STATE STATUTE CITATION]) because: a. [STATE] is the home state of the minor child(ren) as they have resided in [STATE] with a parent for at least six consecutive months immediately preceding the commencement of this proceeding; and/or b. [ANY OTHER JURISDICTIONAL BASIS].

  4. Prior Custody Proceedings: [SELECT ONE] a. There are no other custody proceedings concerning the minor child(ren) pending in any other court, and no person other than the parties to this action has physical custody of the minor child(ren) or claims to have custody or visitation rights with respect to the minor child(ren). b. The following custody proceedings concerning the minor child(ren) are currently pending: [DESCRIBE COURT, CASE NUMBER, NATURE OF PROCEEDING]. c. The following custody orders concerning the minor child(ren) have previously been entered: [DESCRIBE COURT, CASE NUMBER, DATE AND NATURE OF ORDER].

  5. Proposed Legal Custody Arrangement: Petitioner requests that the Court award: a. [SELECT ONE: Joint legal custody to both parties / Sole legal custody to Petitioner / Sole legal custody to Respondent] of the minor child(ren). b. Joint legal custody is [appropriate/inappropriate] because [PROVIDE DETAILED REASONING, e.g., "the parties have demonstrated an ability to communicate effectively regarding the children's needs and to make joint decisions in the children's best interests despite their marital difficulties" OR "the parties have a documented history of being unable to communicate effectively or make joint decisions regarding the children, as evidenced by [SPECIFIC EXAMPLES]"].

  6. Proposed Physical Custody and Parenting Time: Petitioner requests that the Court award: a. [SELECT ONE: Joint physical custody with the following schedule / Primary physical custody to Petitioner with parenting time to Respondent / Primary physical custody to Respondent with parenting time to Petitioner]: i. Regular Parenting Schedule: [DETAILED DESCRIPTION OF PROPOSED REGULAR SCHEDULE, INCLUDING WEEKDAYS, WEEKENDS, OVERNIGHT ARRANGEMENTS, TRANSPORTATION, EXCHANGE LOCATIONS, ETC.] ii. Holiday and School Break Schedule: [DETAILED DESCRIPTION OF PROPOSED HOLIDAY AND SCHOOL BREAK SCHEDULE, INCLUDING SPECIFIC HOLIDAYS, SUMMER VACATION, SPRING BREAK, WINTER BREAK, ETC.] iii. Special Occasions: [PROVISIONS FOR BIRTHDAYS, PARENTS' BIRTHDAYS, OTHER SPECIAL OCCASIONS] b. This proposed arrangement serves the best interests of the child(ren) because [DETAILED EXPLANATION OF HOW THE PROPOSED ARRANGEMENT PROMOTES STABILITY, CONTINUITY, AND THE CHILDREN'S OVERALL WELL-BEING].

  7. Child Support Request: Petitioner requests that child support be established in accordance with the [STATE] Child Support Guidelines. Based on the parties' respective incomes and the proposed parenting time arrangement: a. Petitioner's gross monthly income is approximately $[AMOUNT]. b. Respondent's gross monthly income is approximately $[AMOUNT]. c. The guideline child support calculation results in [PAYING PARENT] paying $[AMOUNT] per month to [RECEIVING PARENT]. d. This amount [DOES/DOES NOT] deviate from the guideline amount. [IF DEVIATION IS REQUESTED, PROVIDE DETAILED JUSTIFICATION]. e. Child support should be paid through [STATE DISBURSEMENT UNIT/DIRECT DEPOSIT/OTHER METHOD] beginning [DATE] and continuing until each child reaches the age of majority, becomes emancipated, or until further order of the Court.

  8. Health Insurance for Children: Petitioner requests that: a. [PARTY NAME] shall maintain health, dental, and vision insurance coverage for the benefit of the minor child(ren) through [EMPLOYER/PRIVATE INSURANCE/STATE PROGRAM], or equivalent coverage if current coverage becomes unavailable. b. The monthly premium cost attributable to the child(ren)'s coverage is approximately $[AMOUNT] and should be [FACTORED INTO THE CHILD SUPPORT CALCULATION/PAID SEPARATELY BY (PARTY)]. c. Uninsured medical, dental, vision, prescription, psychological, and other health-related expenses for the minor child(ren) shall be allocated as follows: [PERCENTAGE]% to Petitioner and [PERCENTAGE]% to Respondent. d. The party incurring the expense shall provide the other party with documentation of the expense within [NUMBER] days of receipt, and reimbursement shall be made within [NUMBER] days thereafter. e. [PARTY NAME] shall maintain the children as beneficiaries on their health insurance plan and provide insurance cards and policy information to the other parent within [NUMBER] days of receiving them.

  9. Education Provisions: Petitioner requests that: a. The minor child(ren) shall attend [PUBLIC SCHOOL IN DISTRICT OF RESIDENCE/SPECIFIC PRIVATE SCHOOL/HOMESCHOOLING PROGRAM]. b. Costs associated with the children's primary and secondary education shall be allocated as follows: [DETAILED BREAKDOWN OF RESPONSIBILITY FOR TUITION, FEES, BOOKS, UNIFORMS, EXTRACURRICULAR ACTIVITIES, ETC.] c. Decisions regarding school selection, special education services, tutoring, and other significant educational matters shall be made [JOINTLY BY BOTH PARENTS/BY PARENT WITH LEGAL CUSTODY]. d. Both parents shall have full access to the children's educational records, teacher conferences, school activities, and related matters. e. Post-secondary education expenses shall be addressed as follows: [DETAILED PROVISIONS FOR COLLEGE SAVINGS, TUITION RESPONSIBILITY, LIVING EXPENSES, ETC., OR STATEMENT THAT THIS WILL BE DETERMINED AT A LATER DATE].

V. MARITAL PROPERTY AND SEPARATE PROPERTY

  1. Marital Property Inventory: During the course of the marriage, the parties acquired the following marital property, which is subject to equitable division by this Court:

    a. Real Estate: i. Marital Residence: [ADDRESS], [CITY], [STATE] [ZIP CODE], legally described as [LEGAL DESCRIPTION], with an approximate fair market value of $[AMOUNT] and subject to a mortgage balance of approximately $[AMOUNT] held by [LENDER]. ii. Additional Real Property: [ADDRESS], [CITY], [STATE] [ZIP CODE], legally described as [LEGAL DESCRIPTION], with an approximate fair market value of $[AMOUNT] and subject to a mortgage/lien balance of approximately $[AMOUNT] held by [LENDER]. iii. [ANY OTHER REAL PROPERTY WITH SIMILAR DETAILS]

    b. Vehicles: i. [YEAR, MAKE, MODEL] titled in [NAME(S)], with an approximate fair market value of $[AMOUNT] and subject to a loan balance of approximately $[AMOUNT] held by [LENDER]. ii. [YEAR, MAKE, MODEL] titled in [NAME(S)], with an approximate fair market value of $[AMOUNT] and subject to a loan balance of approximately $[AMOUNT] held by [LENDER]. iii. [ANY OTHER VEHICLES WITH SIMILAR DETAILS]

    c. Bank Accounts and Cash: i. [FINANCIAL INSTITUTION] checking account ending in [LAST 4 DIGITS], titled in [NAME(S)], with an approximate balance of $[AMOUNT] as of [DATE]. ii. [FINANCIAL INSTITUTION] savings account ending in [LAST 4 DIGITS], titled in [NAME(S)], with an approximate balance of $[AMOUNT] as of [DATE]. iii. [ANY OTHER ACCOUNTS WITH SIMILAR DETAILS]

    d. Retirement Accounts and Pensions: i. [FINANCIAL INSTITUTION/EMPLOYER] 401(k)/403(b)/IRA/pension plan in [NAME]'s name, account number ending in [LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE]. ii. [FINANCIAL INSTITUTION/EMPLOYER] 401(k)/403(b)/IRA/pension plan in [NAME]'s name, account number ending in [LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE]. iii. [ANY OTHER RETIREMENT ACCOUNTS WITH SIMILAR DETAILS]

    e. Investment Accounts: i. [FINANCIAL INSTITUTION] brokerage account ending in [LAST 4 DIGITS], titled in [NAME(S)], with an approximate value of $[AMOUNT] as of [DATE], containing [BRIEF DESCRIPTION OF HOLDINGS]. ii. [FINANCIAL INSTITUTION] investment account ending in [LAST 4 DIGITS], titled in [NAME(S)], with an approximate value of $[AMOUNT] as of [DATE], containing [BRIEF DESCRIPTION OF HOLDINGS]. iii. [ANY OTHER INVESTMENT ACCOUNTS WITH SIMILAR DETAILS]

    f. Business Interests: i. [BUSINESS NAME], a [BUSINESS ENTITY TYPE] registered in [STATE], in which [NAME] holds a [PERCENTAGE]% ownership interest, with an estimated value of $[AMOUNT] based on [VALUATION METHOD]. ii. [ANY OTHER BUSINESS INTERESTS WITH SIMILAR DETAILS]

    g. Personal Property: i. Household furnishings, appliances, and decorative items located at the marital residence with an estimated total value of $[AMOUNT]. ii. Jewelry, including [SPECIFIC VALUABLE ITEMS] with an estimated value of $[AMOUNT]. iii. Artwork and collectibles, including [SPECIFIC VALUABLE ITEMS] with an estimated value of $[AMOUNT]. iv. Electronics, including [SPECIFIC VALUABLE ITEMS] with an estimated value of $[AMOUNT]. v. [ANY OTHER CATEGORIES OF PERSONAL PROPERTY WITH SIMILAR DETAILS]

    h. Other Assets: i. Life insurance policies: [INSURANCE COMPANY] policy number ending in [LAST 4 DIGITS] on the life of [NAME] with a face value of $[AMOUNT] and cash surrender value of approximately $[AMOUNT]. ii. Intellectual property: [PATENTS, COPYRIGHTS, TRADEMARKS] registered to [NAME] with an estimated value of $[AMOUNT]. iii. Tax refunds due for tax year(s) [YEAR(S)] in the approximate amount of $[AMOUNT]. iv. [ANY OTHER ASSETS WITH SIMILAR DETAILS]

  2. Separate Property Claims: Petitioner claims the following property as separate, non-marital property that should be confirmed as Petitioner's sole and exclusive property:

    a. Real property located at [ADDRESS], [CITY], [STATE] [ZIP CODE], which was acquired by Petitioner on [DATE] prior to the marriage. b. [FINANCIAL INSTITUTION] investment account ending in [LAST 4 DIGITS], which was inherited by Petitioner from [RELATIVE] on [DATE]. c. [SPECIFIC ITEM(S)] received by Petitioner as a gift from [GIFT-GIVER] on [DATE]. d. Pre-marital retirement savings in [ACCOUNT] accumulated prior to the date of marriage in the approximate amount of $[AMOUNT]. e. Personal injury settlement proceeds in the amount of $[AMOUNT] received by Petitioner on [DATE] for injuries sustained on [DATE]. f. [ANY OTHER SEPARATE PROPERTY WITH EXPLANATION OF WHY IT SHOULD BE EXCLUDED FROM DIVISION]

  3. Proposed Property Division: Petitioner requests that the Court divide the marital property in an equitable manner as follows:

    a. Real Estate: i. Marital Residence: [SELECT ONE: The marital residence shall be sold and the net proceeds divided [PERCENTAGE]% to Petitioner and [PERCENTAGE]% to Respondent / Petitioner shall be awarded the marital residence and shall refinance the mortgage to remove Respondent's name within [NUMBER] days and pay Respondent $[AMOUNT] as equalization / Respondent shall be awarded the marital residence and shall refinance the mortgage to remove Petitioner's name within [NUMBER] days and pay Petitioner $[AMOUNT] as equalization]. ii. Additional Real Property: [SIMILAR DETAILED DISPOSITION FOR EACH PROPERTY]

    b. Vehicles: [DETAILED DISPOSITION OF EACH VEHICLE, INCLUDING RESPONSIBILITY FOR ASSOCIATED LOANS]

    c. Bank Accounts and Cash: [DETAILED DISPOSITION OF EACH ACCOUNT]

    d. Retirement Accounts and Pensions: [DETAILED DISPOSITION OF EACH ACCOUNT, INCLUDING WHETHER QUALIFIED DOMESTIC RELATIONS ORDERS WILL BE NECESSARY]

    e. Investment Accounts: [DETAILED DISPOSITION OF EACH ACCOUNT]

    f. Business Interests: [DETAILED DISPOSITION OF EACH BUSINESS INTEREST, INCLUDING ANY BUYOUT ARRANGEMENTS, CONTINUED CO-OWNERSHIP TERMS, OR VALUATION PROCESSES]

    g. Personal Property: [DETAILED DISPOSITION OF PERSONAL PROPERTY, EITHER BY SPECIFIC ITEM OR BY CATEGORY]

    h. Other Assets: [DETAILED DISPOSITION OF OTHER ASSETS]

  4. Business Interests: With respect to the business interests identified above: a. [BUSINESS NAME] was established on [DATE] [DURING/BEFORE] the marriage and is [WHOLLY/PARTIALLY] marital property. b. Petitioner proposes the following disposition of business interests: i. [SELECT APPROPRIATE OPTION: Complete buyout by one spouse / Continued co-ownership with operating agreement / Sale to third party / Other arrangement] ii. The business shall be valued by [AGREED-UPON BUSINESS VALUATOR/EACH PARTY'S SEPARATE VALUATOR/COURT-APPOINTED VALUATOR] using [VALUATION METHOD]. iii. [DETAILED TERMS OF BUYOUT, PAYMENT SCHEDULE, SECURITY FOR PAYMENTS, TRANSITION ARRANGEMENTS, NON-COMPETE PROVISIONS, ETC.]

  5. Retirement Accounts and Pensions: With respect to the retirement accounts and pensions identified above: a. Petitioner requests that the Court order the division of retirement benefits as follows: i. [ACCOUNT NAME] shall be divided pursuant to a Qualified Domestic Relations Order (QDRO) with [PERCENTAGE]% of the marital portion awarded to Petitioner and [PERCENTAGE]% awarded to Respondent. The marital portion shall be defined as [DEFINITION, e.g., "the balance as of the date of dissolution" or "the amount accumulated from the date of marriage through the date of separation"]. ii. [ACCOUNT NAME] shall be awarded entirely to [PARTY NAME] in consideration of [OTHER OFFSETTING ASSET] being awarded to [OTHER PARTY NAME]. iii. Each party shall be responsible for preparing any necessary QDRO(s) for their awarded portion, subject to review by the other party, with the cost of preparation [EQUALLY SHARED/PAID BY RECEIVING PARTY/OTHER ARRANGEMENT]. iv. [ANY SPECIAL PROVISIONS REGARDING SURVIVOR BENEFITS, EARLY WITHDRAWAL PENALTIES, TAX CONSEQUENCES, ETC.]

  6. Real Estate Division: With respect to the real estate identified above: a. Marital Residence: i. [SELECT ONE: The marital residence shall be sold / Petitioner shall retain the marital residence / Respondent shall retain the marital residence] ii. If sold: The parties shall cooperate in listing the property with [REAL ESTATE AGENT/BROKERAGE] at a mutually agreed-upon price. The parties shall accept any offer within [PERCENTAGE]% of the listing price. Net proceeds after payment of the mortgage balance, real estate commissions, closing costs, and any necessary repairs shall be divided [PERCENTAGE]% to Petitioner and [PERCENTAGE]% to Respondent. iii. If retained by one party: The party retaining the property shall refinance the mortgage within [NUMBER] days to remove the other party's name from the loan. The retaining party shall pay the other party $[AMOUNT] for their equity interest, payable as [LUMP SUM AT CLOSING/PAYMENT SCHEDULE]. Until refinancing is complete, the [RETAINING PARTY] shall be solely responsible for mortgage payments, property taxes, insurance, and maintenance costs. iv. [ANY SPECIAL PROVISIONS REGARDING RIGHT OF FIRST REFUSAL, DEFERRED SALE, CONTINUED CO-OWNERSHIP, ETC.]

VI. MARITAL DEBTS AND LIABILITIES

  1. Marital Debt Inventory: During the course of the marriage, the parties incurred the following marital debts and liabilities, which are subject to equitable allocation by this Court:

    a. Mortgages and Real Estate Loans: i. Mortgage on marital residence through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. Home equity line of credit through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. iii. Mortgage on additional real property through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT].

    b. Auto Loans: i. Loan for [YEAR, MAKE, MODEL] through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. Loan for [YEAR, MAKE, MODEL] through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT].

    c. Credit Cards: i. [CREDIT CARD COMPANY] credit card ending in [LAST 4 DIGITS], in [NAME(S)]'s name, with a current approximate balance of $[AMOUNT] and minimum monthly payment of $[AMOUNT]. ii. [CREDIT CARD COMPANY] credit card ending in [LAST 4 DIGITS], in [NAME(S)]'s name, with a current approximate balance of $[AMOUNT] and minimum monthly payment of $[AMOUNT]. iii. [ANY OTHER CREDIT CARDS WITH SIMILAR DETAILS]

    d. Personal Loans: i. Personal loan from [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. Personal loan from [FAMILY MEMBER/FRIEND], documented by [PROMISSORY NOTE/VERBAL AGREEMENT] dated [DATE], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT].

    e. Business Debts: i. Business loan for [BUSINESS NAME] through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. Business line of credit for [BUSINESS NAME] through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. iii. [ANY OTHER BUSINESS DEBTS WITH SIMILAR DETAILS]

    f. Tax Liabilities: i. Federal income tax liability for tax year(s) [YEAR(S)] in the approximate amount of $[AMOUNT]. ii. State income tax liability for tax year(s) [YEAR(S)] in the approximate amount of $[AMOUNT]. iii. Property tax arrears on [PROPERTY] in the approximate amount of $[AMOUNT].

    g. Medical Debts: i. Medical debt to [PROVIDER] for [TREATMENT] provided to [PARTY/CHILD] on [DATE(S)], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. [ANY OTHER MEDICAL DEBTS WITH SIMILAR DETAILS]

    h. Student Loans: i. Student loan through [LENDER] for [PARTY]'s education, account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. [ANY OTHER STUDENT LOANS WITH SIMILAR DETAILS]

    i. Other Debts: i. [DESCRIPTION OF DEBT], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT] and monthly payment of $[AMOUNT]. ii. [ANY OTHER DEBTS WITH SIMILAR DETAILS]

  2. Separate Debt Claims: Petitioner claims the following debts as separate, non-marital obligations for which Respondent should not be responsible:

    a. Student loan through [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT], which was incurred prior to the marriage for Petitioner's education. b. Credit card debt on [CREDIT CARD COMPANY] account ending in [LAST 4 DIGITS] in the approximate amount of $[AMOUNT], which was incurred after the parties' separation for Petitioner's personal expenses. c. Personal loan from [LENDER], account number ending in [LAST 4 DIGITS], with a current approximate balance of $[AMOUNT], which was incurred for the sole benefit of Petitioner's separate property. d. [ANY OTHER SEPARATE DEBTS WITH EXPLANATION OF WHY THE OTHER SPOUSE SHOULD NOT BE RESPONSIBLE]

  3. Proposed Debt Allocation: Petitioner requests that the Court allocate the marital debts and liabilities in an equitable manner as follows:

    a. Debts to be Assumed by Petitioner: i. [SPECIFIC DEBT] with current balance of approximately $[AMOUNT]. ii. [SPECIFIC DEBT] with current balance of approximately $[AMOUNT]. iii. [ANY OTHER DEBTS TO BE ASSUMED BY PETITIONER]

    b. Debts to be Assumed by Respondent: i. [SPECIFIC DEBT] with current balance of approximately $[AMOUNT]. ii. [SPECIFIC DEBT] with current balance of approximately $[AMOUNT]. iii. [ANY OTHER DEBTS TO BE ASSUMED BY RESPONDENT]

    c. Refinancing and Indemnification: i. Each party shall be solely responsible for making timely payments on the debts assigned to them and shall indemnify and hold the other party harmless from any liability, collection actions, attorney's fees, or other consequences arising from their failure to pay such debts. ii. Each party shall make good faith efforts to refinance or transfer jointly-held debts solely into their name within [NUMBER] days of the final decree of dissolution. iii. Until such refinancing or transfer is complete, the responsible party shall make timely payments on the debt and provide proof of payment to the other party within [NUMBER] days of each payment. iv. In the event refinancing or transfer is not possible despite good faith efforts, the parties shall [ALTERNATIVE ARRANGEMENT, e.g., "sell the associated asset and pay off the debt" or "continue the current payment arrangement with additional security measures"].

    d. Credit Monitoring and Protection: i. Each party shall be entitled to monitor their credit reports to ensure compliance with the debt allocation. ii. Neither party shall incur any new debt in the joint names of the parties or for which the other party might be held liable. iii. Each party shall cooperate in providing information necessary for the other to remove their name from joint accounts.

VII. SPOUSAL SUPPORT/MAINTENANCE/ALIMONY

  1. Spousal Support Request: [SELECT ONE] a. Petitioner requests that the Court order Respondent to pay spousal support/maintenance/alimony to Petitioner in the amount of $[AMOUNT] per month for a period of [DURATION/UNTIL SPECIFIC EVENT], beginning on [DATE]. b. Petitioner requests that the Court order Petitioner to pay spousal support/maintenance/alimony to Respondent in the amount of $[AMOUNT] per month for a period of [DURATION/UNTIL SPECIFIC EVENT], beginning on [DATE]. c. Petitioner requests that the Court find that neither party is entitled to spousal support/maintenance/alimony from the other.

  2. Basis for Spousal Support: The requested spousal support is appropriate and necessary based on the following factors: a. The marriage has been of [SHORT/MODERATE/LONG] duration, lasting approximately [NUMBER] years. b. During the marriage, [PARTY] sacrificed career opportunities by [DESCRIPTION OF SACRIFICES, e.g., "relocating multiple times to support the other spouse's career advancement," "leaving the workforce to care for the parties' children," "supporting the other spouse through educational or professional development"]. c. There exists a significant disparity in the parties' earning capacities, with [PARTY] earning approximately $[AMOUNT] annually and [PARTY] earning approximately $[AMOUNT] annually. d. [PARTY] requires support to [PURPOSE, e.g., "obtain education or training to become self-supporting," "maintain the standard of living established during the marriage," "meet basic living expenses"]. e. [PARTY] has limited earning capacity due to [FACTORS, e.g., "advanced age," "physical or mental health conditions," "outdated job skills," "lengthy absence from the workforce"]. f. The parties enjoyed a [DESCRIPTION] standard of living during the marriage, which included [SPECIFIC EXAMPLES]. g. [ANY OTHER RELEVANT FACTORS UNDER STATE LAW]

  3. Proposed Terms of Spousal Support: a. Amount and Duration: [PARTY] shall pay [PARTY] the sum of $[AMOUNT] per month as spousal support for a period of [DURATION/UNTIL SPECIFIC EVENT]. b. Payment Method: Payments shall be made directly to [PARTY/STATE DISBURSEMENT UNIT] on or before the [DAY] day of each month. c. Termination Events: The obligation to pay spousal support shall terminate upon the earliest of the following events: i. The death of either party; ii. The remarriage of the recipient party; iii. The cohabitation of the recipient party with a person in a marriage-like relationship, as defined by [STATE] law; iv. [ANY OTHER TERMINATION EVENTS] d. Modification: The spousal support [SHALL/SHALL NOT] be modifiable in amount or duration upon a showing of substantial change in circumstances. e. Security: The obligation shall be secured by [SECURITY ARRANGEMENT, e.g., "life insurance policy," "lien on property," "trust arrangement"].

  4. Tax Considerations: Pursuant to the Tax Cuts and Jobs Act of 2017 and subsequent tax legislation: a. Spousal support payments made pursuant to orders entered after December 31, 2018, are not tax-deductible by the payor and are not taxable income to the recipient. b. The parties acknowledge that they have considered the tax implications of the proposed spousal support arrangement. c. [ANY ADDITIONAL TAX-RELATED PROVISIONS]

VIII. INSURANCE AND BENEFITS

  1. Health Insurance Provisions: a. For Spouses: i. During the pendency of this action, the parties shall maintain existing health insurance coverage. ii. Following the dissolution, [PARTY] shall be entitled to continue coverage under [PARTY]'s employer-provided health insurance plan pursuant to COBRA for up to [NUMBER] months at [PARTY]'s own expense. iii. [PARTY] shall cooperate in completing and submitting all necessary documentation to facilitate COBRA coverage within [NUMBER] days of the entry of the final decree. iv. Each party shall be responsible for securing and paying for their own health insurance coverage after the dissolution or after the expiration of COBRA benefits, whichever is later.

    b. For Children: As stated in Paragraph 18 above.

  2. Life Insurance Requirements: a. To secure the obligation to pay child support, [PARTY] shall maintain a term life insurance policy on [PARTY]'s life with a death benefit of not less than $[AMOUNT], naming [PARTY/TRUST FOR BENEFIT OF CHILDREN] as the irrevocable beneficiary until the youngest child reaches the age of majority or completes secondary education, whichever occurs later. b. To secure the obligation to pay spousal support, [PARTY] shall maintain a term life insurance policy on [PARTY]'s life with a death benefit of not less than $[AMOUNT], naming [PARTY] as the irrevocable beneficiary for so long as the spousal support obligation continues. c. Each party required to maintain life insurance shall provide proof of coverage and beneficiary designation to the other party annually on [DATE] and within [NUMBER] days of any request. d. Each party required to maintain life insurance shall execute any authorizations necessary to allow the other party to confirm the status and beneficiary designation of such policies directly with the insurance company.

  3. Beneficiary Designations: a. Except as specifically provided in this agreement regarding life insurance to secure support obligations, each party shall be free to change beneficiary designations on their respective life insurance policies, retirement accounts, and estate planning documents. b. Within [NUMBER] days of the entry of the final decree, each party shall update beneficiary designations on all policies, accounts, and documents where the other party is currently named as beneficiary, unless specifically agreed otherwise. c. Neither party shall make any claim to benefits as a beneficiary under any policy, account, or document where they were named as a beneficiary during the marriage but were subsequently removed following the dissolution.

IX. TAX MATTERS

  1. Tax Filing Status: a. For tax year [CURRENT YEAR], the parties shall file [JOINT/SEPARATE] federal and state income tax returns. b. If filing jointly for [CURRENT YEAR]: i. The parties shall equally share the cost of tax preparation. ii. Any refund shall be divided [EQUALLY/PROPORTIONATE TO INCOME/OTHER ARRANGEMENT]. iii. Any liability shall be paid [EQUALLY/PROPORTIONATE TO INCOME/OTHER ARRANGEMENT]. iv. [PARTY] shall be responsible for preparing the returns or engaging a tax professional to do so, subject to review by the other party at least [NUMBER] days before filing. c. For all tax years following the year of dissolution, the parties shall file separate returns and each shall be solely responsible for their own tax liabilities.

  2. Dependency Exemptions and Tax Credits: a. Beginning with tax year [YEAR], [PARTY] shall be entitled to claim the child(ren) as dependent(s) for federal and state income tax purposes [EVERY YEAR/IN EVEN-NUMBERED YEARS/IN ODD-NUMBERED YEARS/ACCORDING TO THE FOLLOWING SCHEDULE: (SPECIFIC ARRANGEMENT)]. b. The party not entitled to claim the child(ren) in a given year shall execute IRS Form 8332 (Release of Claim to Exemption for Child by Custodial Parent) or any successor form by January 31 of the year following the tax year. c. The right to claim the child(ren) as dependent(s) is contingent upon the claiming party being current in all child support obligations as of December 31 of the tax year. d. The party entitled to claim the child(ren) in a given year shall also be entitled to claim any associated child tax credits, education credits, or other tax benefits related to the child(ren) for that year. e. This arrangement shall continue until each child is no longer eligible to be claimed as a dependent under applicable tax laws.

  3. Tax Implications of Property Transfer: a. The parties intend that all transfers of property between them pursuant to the dissolution shall be treated as non-taxable transfers under Internal Revenue Code § 1041. b. Neither party shall be responsible for any tax liability, penalties, or interest arising from the other party's failure to properly report income, deductions, or credits on their separate returns. c. If any joint return filed during the marriage is audited or examined by tax authorities, the parties shall cooperate fully with each other and share equally in any defense costs, unless the assessment is attributable solely to one party's income, deductions, or credits, in which case that party shall be solely responsible. d. Each party shall be entitled to receive and retain any tax refund resulting from their own overpayment of taxes for any year in which separate returns are filed.

X. NAME CHANGE

  1. Name Restoration Request: [SELECT ONE] a. Petitioner requests restoration of Petitioner's former/maiden name, specifically from [CURRENT FULL LEGAL NAME] to [FORMER/MAIDEN FULL LEGAL NAME]. b. Respondent may request restoration of Respondent's former/maiden name in Respondent's response to this Petition. c. Neither party requests a name change at this time.

XI. TEMPORARY ORDERS

  1. Temporary Support Request: a. Petitioner requests that the Court enter a temporary order requiring [PARTY] to pay [PARTY] temporary child support in the amount of $[AMOUNT] per month during the pendency of this action, beginning immediately. b. Petitioner requests that the Court enter a temporary order requiring [PARTY] to pay [PARTY] temporary spousal support in the amount of $[AMOUNT] per month during the pendency of this action, beginning immediately. c. These temporary support amounts are necessary to maintain the recipient and children during the dissolution proceedings based on their reasonable needs and the payor's ability to pay.

  2. Temporary Custody Request: a. Petitioner requests that the Court enter a temporary order establishing the following custody and parenting time arrangement during the pendency of this action: i. [PARTY] shall have [PRIMARY/JOINT] temporary legal custody of the minor child(ren). ii. [PARTY] shall have [PRIMARY/JOINT] temporary physical custody of the minor child(ren). iii. [PARTY] shall have temporary parenting time with the minor child(ren) as follows: [DETAILED TEMPORARY PARENTING SCHEDULE]. iv. Exchange of the child(ren) shall occur at [LOCATION(S)] and transportation shall be provided by [ARRANGEMENT]. b. This temporary arrangement is in the best interests of the child(ren) because [DETAILED EXPLANATION].

  3. Status Quo Financial Provisions: a. Petitioner requests that the Court enter a temporary order requiring the parties to maintain the financial status quo during the pendency of this action, specifically: i. Each party shall continue to pay the bills and expenses they have historically paid during the marriage. ii. Neither party shall cancel or modify any insurance coverage, including health, auto, homeowners, or life insurance. iii. Neither party shall incur extraordinary expenses or debt in the other party's name or in joint names without the written consent of the other party or court approval. iv. Neither party shall close joint accounts, remove funds from joint accounts beyond ordinary living expenses, or remove the other party's name from any accounts without court approval. v. Each party shall maintain records of all expenses paid and income received during the pendency of this action. b. These temporary financial provisions are necessary to preserve the marital estate and prevent economic hardship to either party during the dissolution proceedings.

XII. PROTECTIVE PROVISIONS

  1. Domestic Violence Protections: [IF APPLICABLE] a. Petitioner requests that the Court enter a protective order pursuant to [STATE STATUTE] prohibiting Respondent from: i. Committing or threatening to commit acts of domestic violence against Petitioner and/or the minor child(ren); ii. Harassing, following, contacting, or communicating with Petitioner except as specifically authorized by court order; iii. Entering Petitioner's residence, workplace, or other specified locations; iv. Possessing firearms or ammunition pursuant to federal and state law. b. This request is based on the following history of domestic violence: [DETAILED DESCRIPTION OF INCIDENTS, INCLUDING DATES, NATURE OF ABUSE, WITNESSES, POLICE REPORTS, MEDICAL RECORDS, OR OTHER EVIDENCE]. c. Petitioner believes these protections are necessary because [EXPLANATION OF CURRENT RISK AND SAFETY CONCERNS].

  2. Asset Protection Provisions: a. Petitioner requests that the Court enter a temporary restraining order prohibiting both parties from: i. Transferring, encumbering, concealing, selling, or otherwise disposing of any property, real or personal, belonging to or acquired by either party, except in the usual course of business or for the necessities of life, without the written consent of the other party or court approval; ii. Cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and/or their minor child(ren); iii. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions, retirement plans, loan statements, credit card statements, tax returns, and financial data stored on computers; iv. Incurring extraordinary debts or expenses; v. Changing locks on marital property or denying access to marital property without court approval. b. These asset protection provisions are necessary to preserve the marital estate pending final division by the Court.

  3. Confidentiality Requests: a. Petitioner requests that the Court order the redaction of the following sensitive information from all publicly accessible court filings: i. Social Security numbers; ii. Financial account numbers; iii. Names and identifying information of minor children; iv. Dates of birth; v. Home addresses and telephone numbers. b. Petitioner requests that the Court seal the following records due to their sensitive nature: [SPECIFIC RECORDS AND REASON FOR SEALING]. c. These confidentiality measures are necessary to protect the parties' privacy, prevent identity theft, and safeguard the children's personal information.

XIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

  1. Enter a Decree of Dissolution of Marriage dissolving the marriage between Petitioner and Respondent;

  2. Award [JOINT/SOLE] legal custody and [JOINT/PRIMARY] physical custody of the minor child(ren) as detailed in this Petition;

  3. Establish a parenting time schedule as detailed in this Petition;

  4. Order child support in accordance with the [STATE] Child Support Guidelines;

  5. Order [PARTY] to provide health insurance for the minor child(ren) and allocate uninsured medical expenses as detailed in this Petition;

  6. Equitably divide the marital property and debts as detailed in this Petition;

  7. Award [PARTY] spousal support/maintenance/alimony in the amount and for the duration detailed in this Petition;

  8. Restore Petitioner to Petitioner's former/maiden name of [FORMER/MAIDEN NAME];

  9. Enter temporary orders regarding support, custody, parenting time, and financial matters during the pendency of this action;

  10. Enter protective orders regarding domestic violence and asset protection as detailed in this Petition;

  11. Order the confidentiality protections detailed in this Petition;

  12. Award Petitioner costs and attorney's fees incurred in bringing this action, if appropriate; and

  13. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

Dated: ________________________


[PETITIONER FULL LEGAL NAME], Petitioner

[IF REPRESENTED BY COUNSEL:]


[ATTORNEY NAME], [BAR NUMBER] [LAW FIRM NAME] [ADDRESS] [CITY, STATE ZIP] [PHONE NUMBER] [EMAIL ADDRESS] Attorney for Petitioner

XIV. VERIFICATION

STATE OF [STATE] ) ) ss. COUNTY OF [COUNTY] )

I, [PETITIONER FULL LEGAL NAME], being first duly sworn upon oath, state that I am the Petitioner in the above-entitled action; that I have read the foregoing Petition for Dissolution of Marriage and know the contents thereof; and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.


[PETITIONER FULL LEGAL NAME], Petitioner

SUBSCRIBED AND SWORN to before me this _____ day of ________________, [YEAR].


NOTARY PUBLIC My Commission Expires: _____________

FILING FEE INFORMATION

[SELECT ONE:] ☐ The filing fee of $[AMOUNT] has been paid. ☐ Petitioner requests a waiver of the filing fee due to financial hardship and has submitted the required Application for Fee Waiver and supporting financial affidavit.

Nebraska Requirements for Divorce Petition

Residency Requirement (Nebraska Revised Statute § 42-349)

At least one spouse must have been a resident of Nebraska for at least one year immediately prior to filing the divorce petition.

No-Fault Divorce Grounds (Nebraska Revised Statute § 42-361)

Nebraska is a no-fault divorce state, requiring only that the marriage be 'irretrievably broken' with no reasonable prospect of reconciliation.

Waiting Period (Nebraska Revised Statute § 42-363)

A divorce decree cannot be entered until at least 60 days have passed after service of process or after the respondent's voluntary appearance.

Property Division (Nebraska Revised Statute § 42-365)

Nebraska follows equitable distribution principles, requiring a fair but not necessarily equal division of marital property and debts.

Child Custody Determination (Nebraska Revised Statute § 43-2923)

Custody determinations must be made in the best interests of the child, considering factors specified in statute.

Parenting Plan Requirement (Nebraska Revised Statute § 43-2929)

Divorcing parents must develop a parenting plan that addresses custody, parenting time, and decision-making responsibility.

Child Support Guidelines (Nebraska Supreme Court Rule § 4-203)

Child support must be calculated according to the Nebraska Child Support Guidelines, based on both parents' incomes and the needs of the children.

Alimony/Spousal Support (Nebraska Revised Statute § 42-365)

The court may order alimony when appropriate, considering factors such as length of marriage, contributions to the marriage, and economic circumstances.

Domestic Violence Considerations (Nebraska Revised Statute § 43-2932)

The court must consider any history of domestic abuse when making custody and parenting time decisions.

Financial Disclosure Requirements (Nebraska Court Rules of Discovery)

Both parties must provide full disclosure of assets, liabilities, income, and expenses through financial affidavits.

Name Change Option (Nebraska Revised Statute § 42-380)

The petition may include a request for restoration of a former name for either spouse.

Military Service Member Protections (50 U.S.C. § 3901-4043)

Special protections apply to divorce proceedings involving active duty military personnel under the Servicemembers Civil Relief Act.

Uniform Child Custody Jurisdiction and Enforcement Act (Nebraska Revised Statute § 43-1226 to 43-1266)

Determines which state has jurisdiction to make child custody determinations when multiple states may be involved.

Qualified Domestic Relations Orders (29 U.S.C. § 1056(d)(3))

Federal requirements for dividing retirement accounts and pension benefits in divorce.

Tax Considerations (26 U.S.C. § 1041, 152(e), 71, 215)

Federal tax laws affecting property transfers, dependency exemptions, and tax filing status during and after divorce.

Mediation Requirements (Nebraska Revised Statute § 43-2937)

In cases involving child custody disputes, parties may be required to attempt mediation before proceeding to trial.

Guardian ad Litem Provisions (Nebraska Revised Statute § 42-358)

The court may appoint a guardian ad litem to represent the interests of minor children in contested custody cases.

Temporary Orders (Nebraska Revised Statute § 42-357)

The petition may request temporary orders for support, custody, and use of property during the pendency of the divorce proceedings.

Health Insurance Coverage (29 U.S.C. § 1161-1169)

Provisions for continuation of health insurance coverage for spouse and children, including COBRA requirements.

Social Security Benefits (42 U.S.C. § 402(b), (c), (e), (f))

Federal laws governing division and eligibility for Social Security benefits after divorce.

Frequently Asked Questions

A divorce petition is the initial document filed with the court to begin divorce proceedings. It typically contains: 1) Basic information about both spouses and the marriage, including names, addresses, date and place of marriage; 2) Grounds for divorce (either fault-based or no-fault depending on your state); 3) Statement of jurisdiction explaining why you're filing in a particular court; 4) Requests for relief such as property division, spousal support, child custody, and child support; 5) Any temporary orders needed during the divorce process. The petition establishes what you're asking the court to decide and sets the framework for your entire divorce case.

Business owners should take special care when preparing a divorce petition by: 1) Gathering comprehensive documentation of business ownership, structure, and valuation before filing; 2) Considering whether the business is separate property, marital property, or a combination; 3) Addressing how business assets and debts will be handled in the petition; 4) Potentially requesting protective orders to maintain business operations during proceedings; 5) Consulting with both a divorce attorney and business valuation expert before filing. The petition should clearly state your position on the business—whether you seek to maintain full ownership (possibly with a buyout to your spouse) or propose another arrangement. Remember that how you frame business issues in your initial petition can influence the entire divorce strategy.

For long-term marriages with significant assets, your divorce petition should: 1) Request comprehensive financial disclosures from both parties; 2) Address complex asset division including retirement accounts, investments, real estate, and other accumulated wealth; 3) Consider spousal support/alimony, which is more commonly awarded in long-term marriages; 4) Account for future assets like pension benefits, stock options, or deferred compensation; 5) Address tax implications of property transfers and support payments. In long-term marriages, courts often presume more equal division of assets, regardless of who earned them, so your petition should reflect a realistic position on equitable distribution while protecting your financial interests.

When filing a divorce petition as a parent, you should: 1) Include a proposed parenting plan outlining custody arrangements (legal and physical), visitation schedules, and decision-making authority; 2) Request child support according to your state's guidelines, providing income information to support your request; 3) Address children's healthcare, education, and extracurricular activities; 4) Consider requesting temporary orders for custody and support during the divorce process; 5) Focus on the best interests of the children rather than personal grievances. The petition should demonstrate your commitment to your children's wellbeing while protecting your parental rights. Remember that courts prioritize children's interests above all else when making custody determinations.

To file a divorce petition: 1) Determine the proper jurisdiction—typically the county where either you or your spouse has resided for a minimum period (often 3-6 months); 2) Complete the petition form (available from your local court or online) with all required information; 3) Sign the petition, often requiring notarization; 4) File the original petition with the clerk of the court along with any required filing fees (typically $200-$500, though fee waivers may be available); 5) Serve the petition on your spouse according to state law, which may involve using a process server, sheriff's deputy, or certified mail. Each state has specific residency requirements and waiting periods that must be observed before a divorce can be finalized.

After filing a divorce petition: 1) Your spouse will have a specific timeframe (typically 20-30 days) to file a response or answer; 2) If temporary orders were requested, a hearing may be scheduled; 3) The discovery process begins, where both parties exchange financial information and other relevant documents; 4) Negotiations or mediation may occur to resolve disputed issues; 5) If settlement isn't reached, the case proceeds to trial where a judge will make final decisions; 6) Once all issues are resolved, a final divorce decree is issued. The timeline varies significantly by jurisdiction and case complexity, ranging from a few months for uncontested divorces to over a year for complex, contested cases.

Yes, you can typically modify your requests after filing the initial petition by: 1) Filing an amended petition with the court, which is relatively straightforward early in the process; 2) Negotiating different terms during settlement discussions regardless of what was initially requested; 3) Presenting different requests to the judge during hearings or trial. However, significant changes later in the process may require court permission and could delay proceedings. It's best to be thorough and realistic in your initial petition while understanding that divorce is a negotiation process where initial requests often evolve. Working with an experienced attorney can help ensure your petition accurately reflects your priorities from the start.

If your spouse files first: 1) You'll be served with the petition and have a limited time to respond (typically 20-30 days); 2) You can file a counter-petition stating your own requests and positions on key issues; 3) Being the respondent rather than the petitioner generally has minimal impact on the case outcome, though the petitioner may have some procedural advantages; 4) You should immediately consult with an attorney to understand your rights and obligations; 5) Take time to review the petition carefully to understand what your spouse is requesting. While there can be strategic advantages to filing first in some jurisdictions, courts generally focus on the merits of each party's position rather than who initiated the proceedings.

To protect business assets in your divorce petition: 1) Request that the business be classified as separate property if you owned it before marriage or received it as a gift/inheritance; 2) If the business is marital property, propose a buyout arrangement rather than ongoing co-ownership; 3) Request a valuation method that accurately reflects the business's worth without inflation; 4) Consider requesting confidentiality provisions to protect sensitive business information during discovery; 5) Ask for temporary orders preventing either spouse from making major business decisions without consent during proceedings. Your petition should clearly state your position on business valuation, ownership, and division, setting the foundation for protecting your entrepreneurial interests throughout the divorce.

Before filing a divorce petition, gather: 1) Tax returns for the past 3-5 years; 2) Bank and investment account statements; 3) Retirement account information; 4) Real estate deeds and mortgage documents; 5) Business financial statements, tax returns, and valuation information; 6) Debt documentation including credit cards, loans, and mortgages; 7) Insurance policies; 8) Vehicle titles; 9) Recent pay stubs and income verification; 10) Documentation of separate property claims. Having these documents organized before filing allows you to accurately complete financial disclosures, formulate realistic requests in your petition, and prepare for the financial aspects of divorce. This is particularly important for business owners and those with significant or complex assets.