What Information Should be Included in a Divorce Petition?
The first step in any divorce proceeding is to prepare a petition for the dissolution of the marriage. These petitions are extremely important, as they contain information about all of the assets, rights, and interests that a person is seeking in the divorce. Failing to include any of these requests could result in the item being left out of the final divorce judgment. To ensure that you don’t miss out on the opportunity to recover a particular asset or award because of a failure to properly draft a divorce petition, please contact an experienced Fort Lauderdale divorce lawyer who can protect your interests.
Basic Identifying Information
All divorce petitions that are submitted in Florida must include basic identifying information, including:
- The names of the parties;
- The county and other details about the jurisdiction where the case is being filed;
- The court case number assigned by the clerk of court; and
- The heading that identifies the document as a petition for divorce.
Once this information has been included in a divorce petition, the parties will need to include specific details about their marriage, such as:
- The date of the marriage;
- The date of separation;
- The state where the couple was married;
- A statement asserting that a filer has been a resident of Florida for the prior six months; and
- A statement asserting that the couple’s marriage is irretrievably broken.
Without this foundational information, a court will not have the necessary material required to legally end a marriage.
Divorce-Related Issues
Besides providing basic identifying information, divorcing couples who are seeking alimony will also need to request it when submitting their petition. In fact, those who fail to request alimony in writing prior to their final hearing will have waived their right to spousal maintenance. Similarly, spouses seeking temporary or permanent relief regarding the use or ownership of marital assets, parental responsibility, temporary child support, or interim spousal maintenance should also submit a request when filing their petition. Finally, couples with children are encouraged to include a Parenting Plan with their petition, in which the parties’ propose a time sharing schedule and an agreement regarding the division of parental responsibilities.
Attaching Documents
In addition to including the aforementioned information in a petition for divorce, couples who wish to legally terminate their marriage are also required to include other documentation with their petition, such as:
- A financial affidavit and other financial discovery documents;
- A statement certifying the couple’s compliance with mandatory disclosure rules;
- An affidavit of Corroborating Witness or a copy of the parties’ driver’s licenses, Florida identification card, or voter’s registration card; and
- A Notice of Social Security Number.
Couples with children, on the other hand, will also be required to submit additional documentation, including the following:
- A Parenting Plan;
- A Uniform Child Custody Jurisdiction and Enforcement Act affidavit;
- A Child Support Guidelines Worksheet; and
- A Marital Settlement Agreement for Dissolution of Marriage with Dependent if the parties have reached an out-of-court agreement on custody and support-related issues.
To learn more about your own obligations when it comes to filing your divorce petition, please contact our legal team today.
Schedule a Free Consultation Today
To speak with experienced divorce lawyer Sandra Bonfiglio, P.A. about filing your own divorce petition, please call our office at 954-945-7591 today.
Resource:
floridabar.org/public/consumer/pamphlet010/#Untitled%20Section_2
https://www.sandrabonfiglio.com/home-equity-in-divorce/
