You are here: Home / Archives for Petition

How to Divorce Yourself-No Lawyer Needed

May 11, 2010 By LoveEngineer.com Leave a Comment

Divorce usually involves lawyers.  With lawyers come legal bills; piles and piles of legal bills.  For those of us that don’t have a fat bank account to support divorce, the only real option left is to do the divorce yourself.   Divorce yourself method is also called Pro Se which means that you represent yourself in a divorce case.  The process and documents involved to divorce yourself will still be the same; the only difference is that you don’t have a middle man, which incidentally is where most of the money spent on divorce goes.  You will still be filling out divorce forms, but you’ll have to procure and file it yourself.
If you decide to represent yourself in the divorce case you should be prepared legally and emotionally.  This article will help you be familiarized with the divorce process and the legal documents you will need.  However, emotional preparation is something you have to do on your own.  Here are the things you need to know in order to divorce yourself:

• The first step is to get as much information as you possible can about the regulations and requirements in filing for a divorce in your state.  Each state has specific rules; give your divorce court or pay a visit and inquire personally.  You can also access your county’s website for more information.

• The two parties involved in the divorce are the petitioner and respondent.  The petitioner is the one that files for the divorce and is responsible for filling up and filing the Original Petition of Divorce.

• Every state has a resident requirement.  You have to have lived in the state where you are filing the divorce for a specific duration of time; it could range from six months to a year depending on where you’re from.  If you have recently moved to a different state, you will need to file the divorce in the state’s county court with jurisdiction on your former residence.

• You should produce three copies (one original and two extra copies) and submit it to the court clerk.  One will be given to you, the other will go to the respondent and the court will keep one copy.  There will be a filing fee; again it varies from state to state.

• You will also needy collect all financial documents you have and file a financial affidavit.  List down every financial information such as bank accounts, debts, mortgages, retirement pensions etc. and make sure all details are accurate.  This is in case you and your spouse will go through division of properties.  You will need these later on in the divorce proceedings.

• If you have any debts or mortgages you have to take care of between filing the petition and scheduled court date, you may file a notice of hearing for temporary order.

• During the Discovery stage of your divorce you can request the respondent’s documents that you feel is going to play an important role in your divorce settlement.  Discovery is a legal term which means gathering information about the parties involved in the divorce. 

• If you don’t want your divorce to reach the court, be a part in the mediation process.  During the mediation, the respondent, the petitioner and a third party assigned by the court will meet to discuss issues such as division of property, child custody and support and alimony.  This is the best opportunity to negotiate a settlement that is fair to both parties.

Want to get out of divorce the most quickest, inexpensive, and easiest way possible? Go to www.divorcekit.com to learn how to perform an easy divorce yourself without lawyers!

Filed Under: Dating and Divorced Tagged With: , , , , , , , , , , , , , , , , , , , , , , ,

Your Divorce Petition

March 20, 2010 By LoveEngineer.com Leave a Comment

Copyright (c) 2010 Lucille Uttermohlen

To start your divorce, you have to file a document telling the judge what you want, and why you are entitled to get it. This document is called the “petition” and usually contains the following information:

1. In General:

When you file a petition for “marriage dissolution” or divorce, you are telling the court you and your spouse can no longer live together and achieve what they call “the legitimate ends of matrimony.” This simply means that one or both of you no longer wish to be married.

2. Grounds:

In most states, “irreconcilable differences” or “irretrievable breakdown” is all you have to prove to get a divorce. If one of you is unhappy, simply file a petition with your local court. After some time has passed, your court can end your marriage, even if the other spouse thinks it should not be over. In these states, all you have to prove to get divorced is that you have resided in the state long enough for the court to have “jurisdiction” or the authority to hear your case.

Other states do not make it so easy. They have longer “cooling off” periods. If one of the spouse’s wants to continue the marriage, he /she can force the other spouse to wait for his / her freedom. If the spouses agree that the marriage is over, there are usually ways to speed up the process. Depending on where you live, , grounds such as adultery, abandonment or insanity may still have to be alleged and proven.

3. Allegations:

Allegations are the things you have to prove to the judge before he / she can give you a divorce. You list them separately in your petition. Think of the allegations as a check list of the things the court will need to know to grant your petition.

The first thing you have to tell the court is who you and your spouse are and how the judge’s staff can contact you. The court has to know it has “jurisdiction”, so you have to state how long you have lived in the state and county or parish. If you have children together, you will have to give their names and birth dates so the court will know whether their custody and support are potential issues. You have to state how long you’ve been married by providing your wedding and separation dates. This information helps the judge decide issues of property and debts.

4. Prayer for relief:

Finally, you have to tell the court what you want it to do. Asking that your marriage be dissolved is the most important request. Child custody and support, and division of marital debts and property are also issues on which you will need the court to rule. Spousal maintenance or “alimony” may be requested, as well as assistance with attorney’s fees. A woman can also request that her last name be changed back to a former married name, or maiden name if she wishes.

Once you file your divorce, you will probably have to wait a few weeks before you can end your marriage. The government hopes you and your spouse will reconsider your decision, and does not want you to have regrets if you made the decision to divorce on impulse. This time starts to run when you first file your petition. If you decide you made a mistake, don’t worry, you don’t have to go through with it.

Filed Under: Dating and Divorced Tagged With: , , , , , , , , , , , , , , , , ,

Want To Get Divorced? – 3 Steps On How & Where To File Your Papers

March 6, 2010 By LoveEngineer.com Leave a Comment

1. The Last Resort
You should consider a divorce only at the time when everything else that you have done to try and fix the relationship, has failed. It is a serious step and do think about it well before you decide to go ahead. When you file for divorce, it is basically a step that involves notifying the judiciary system that you wish to dissolve your marriage. It only means that you feel you cannot resolve the issues that you are facing with your spouse. So you need to file the summons and the petition at your county court. After you have done this it is the responsibility of the court to decide upon the hearing date. You can only filed for divorce in a court located in the same county that you currently live in with your partner. It is going to be time consuming to go through the divorce process so do be prepared. There are many issues that will be brought up regarding the separation and sometimes it can take months or even years until they are resolved. Be open minded during this process-unnecessary and egoistic arguments will only prolong the agony unnecessary. When you can resolve an issue amicably do so by all means and save yourself the trouble of having the court decide for you. Keep in mind that you are here to better your life. On the other hand sometimes you need to leave it to the court when your spouse demands unreasonable conditions. The judge in the court of law would hear both sides of the story, and keep paying hard evidence in mind, decided what is best for you, your spouse and children if any. If you are looking to hurt your spouse in court it is probably not going to happen as the courts do not take sides.

2. Get a Lawyer
Do consult the services of a good lawyer if your case is complicated. When you are represented by the trained attorney you stand better chances of stating your case perfectly. We feel it is absolutely necessary for you to hire a lawyer if your spouse has done so already. Obviously you will want most questionable factors to be decided in your favor and getting a good lawyer is one step in the right direction.

3. Don’t let it get messy
The last thing anyone wants is alone messy divorce case. Keep a positive attitude and do not try to hurt your spouse unnecessarily-it will no doubt cause you some hurt as well and moreover it will cost everybody involved a considerable amount of time. And then it may lead the judge to believe that you are a morally lowly person, and that won’t help your side of the story too much. Go through the procedure calmly and smoothly and get it over with. Then you would be able to begin a new and happier life.

Abhishek is a relationship counselor and he has got some great Relationship Secrets up his sleeves! Download his FREE 103 Pages Ebook, “How To Manage Life Before And After Divorce!” from his website http://www.Wedding-Stars.com/141/index.htm . Only limited Free Copies available.

Filed Under: Dating and Divorced Tagged With: , , , , , , , , , , , , , , , , ,

California Summary Dissolution – the Easy Way to Get Divorced

March 6, 2010 By LoveEngineer.com Leave a Comment

There’s a quick, easy way to get a divorce called a summary dissolution. In a summary dissolution you won’t have to talk to a judge you will only need to fill out a few forms.

Not everyone is qualified to get a summary dissolution; most people will need a regular divorce. To qualify for a summary dissolution you must meet all of the following requirements:

1) You have been married or registered domestic partners for less than 5 years.

2) You have no children together, including adopted children, children before or during the marriage or partnership, and neither is pregnant.

3) You do not own or have any interest in houses, condominiums, rental property, land, or a 1-year lease or option to buy.

4) You have built less than $5,000 in debts since the date of marriage or registered domestic partnership.

5) You do not own more than $33,000 worth of property that you acquired during the marriage or domestic partnership.

6) You do not have “separate property” worth more than $33,000 dollars, which does not include money you owe on the property or auto loans.

7) You both agree than you will never get spousal or domestic partner support

8) Finally you both must sign an agreement that divides your property and debts called a “property agreement”.

There are courts in each of California’s 58 counties where you can file the forms. The proper court to file your forms at is the court where you and your spouse live right now. Most likely you need to pay a fee for a summary dissolution, which usually costs $200. If you don’t make much money you can ask the court for a fee waiver, if the court gives you the waiver you don’t have to pay the court fees.

After you’ve filed your property agreement, summary dissolution, and joint petition you must wait 6 months. During those 6 months you won’t be divorced and you can’t get remarried until you finish the summary dissolution. If you decide you want to stop the divorce you can file a FL-830 with the court. When your 6 months is up to finalize your divorce you’ll need to fill out a request to judgment, which is form FL-820, and file it with the court.

Your divorce is finalized as soon as you receive the “endorsed-filed copy”.

This article was brought to you by Legal Forms Bank .Biz which provides your state’s Uncontested Divorce forms, prenuptial agreement forms, and power of attorney forms.

Filed Under: Dating and Divorced Tagged With: , , , , , , , , , , , , , , , , , , , , , , ,

Avoid Divorce

March 3, 2010 By LoveEngineer.com Leave a Comment

Avoid divorce

Dalip Singh Wasan, Advocate.

We have been told that couples have been earmarked by God before we were sent on this earth and when we actually solemnize a marriage, it is just execution of that will of God and therefore, we should accept this will of God as final and therefore, we should be happy that we have executed the will of God. Divorce is not ordained by God and therefore, we should avoid divorce and we should allow this marriage to continue till we are alive on this earth.

In spite of these philosophy of life, divorces are there and if we count, we shall find that thousands of divorce petitions are still pending in the Courts established by the state in each country. If we have a reading of the grounds of these divorce petitions, we shall find the following items repeatedly laid down in divorce petitions:-

(1) The other party is having lower qualifications and therefore, the other party is not having income sufficient to run the family administration.

(2) If the petition is from the side of the wife, she is telling that she is not in a position to adjust herself with the joint family especially with her mother in law and sisters in law.

(3) The husband is impotent and is not able to perform satisfactory sexual intercourse.

(4) The husband is drug addict, drunkard, opium eater or the like and is wasting all his income and time outside the house.

(5) The wife is living in adultery and the husband has got relationship with other women. She may be having grounds that her husband is visiting prostitutes or attending to dancing and call girls.

(6) In most of the petitions submitted by the wives, they are placing before the Courts that they are beaten and at times the people from the house of their in laws, they are demanding more and more dowry and they are threatening that if she fails to being more dowry, they shall kill her.

(7) The wives are coming our with ground that their husbands are calling their friends and force them to have sexual intercourse with their friends.

(8) Most of the women say that they are not being believed by their husbands and therefore, they are not allowed to handle accounts of the family and therefore, they are not tolerating all this.

(9) Some women are coming out with the ground that they are not taken in confidence in all the matters concerning the family and they are excluded from all such serious discussions and they are not in a position to tolerate.

(10) Some husbands are complaining that most of the time of their wives is wasted in visiting their own parents.

(11) Some women are coming out with complains that their husbands are not having natural sex with them but are utilizing other methods which are not physically possible.

(12) Some of the husbands oust their wives because they are giving birth to females when they demand male children.

(13) Some women are not able to adjust in the house of their in laws and they want separation and if they do not get due response from the side of the husbands, they file divorce petitions.

(14) Most of the people in the houses of the in laws are not understanding the fact that this woman has not joined their house as a domestic servant and when they still take her as a domestic servant, she files divorce petition.

(15) People in the house of her in laws are not understanding that this new bride had come from a house where she had been given all the respo0nsibilities and all were having faith in her and were giving her all important keys to keep and handle cash, but in the house of her in laws, all are having no faith in her and she does not tolerate this belief and files a divorce petition.

(16) The wife wants money from her husband and when she is obliged to beg money from her mother in law, from her father in law or from some other member in the family of her in laws, she does not tolerate all this and she is filing divorce petition under forced circumstances.

(17) If the wife is not keeping herself clean and is giving out bad smell the husband shall not tolerate her and there are chances that he would file a divorce petition.

(18) The wife must be up-to-date and must know all new techniques of make-up and must keep herself fresh and a changed lady each day and if she fails, there are chances that the husband shall file a divorce petition and similarly if the husband is not preparing himself as per demands and wishes of her wife, there are chances that he would file a divorce petition.

(19) Sometime a bride is not liking the age of the husband and therefore, it should be seen that the couple should not have more that the prescribed age difference.

(20) When a partner is not having good health, the other partner may not tolerate an ailing partner.

(21) If the husband is earning partner he should hand over his income to the wife and then he may be taking money from her. If he keeps money accounts with himself, there are chances that his wife may leave him. She wants to become a full-fledged owner of the house and in India she is designated as ‘Ghar wali’ which means the owner of the house.

(22) The husband wanted a charming lady, but she is not beautiful as per his expectations and some other woman has come in this contact who is ready to marry that fellow if he divorces the first wife.

(23) In countries like India if the women is also an earning partner, she would like to have more rights in the house and if she fails to get all those demands, she shall like to divorce. The men in India must try to learn as how they would be able to live with their earning wives because they are not allowed to follow the same pattern which their forefathers had been following.

(24) The husband should take his wife on a holiday trip for some days in each year so that she could get refreshment and if he fails, there are chances that she may divorce him.

(25) The husband must know the art of appreciating the other partner and this appreciation should be right one and not mere exaggeration, and he must have new words on each day and must utter those words in the ear of his woman.

(26) Both must try to spend each night as the first night of their marriage and therefore, they should have separate bed room and they must have full privacy because such accommodation is the will of the woman and if she fails to get such accommodation and facilities, there are chances that she may divorce.

(27) Inter caste marriage are not successful in India because here people are divided into religions and castes and they should not that all these barriers are like boundaries of the countries and crossing limits is prohibited. If they could continue, their children shall suffer because most of people shall not contract marriages of their wards with such children who are cross-breeds.

(28) Each partner should try to earn faith of the other and must be honest, sincere, must have regard, love and affection for the other.

(29) None of the partners should talk about his or her old relations and they should not appreciate such people who were their close friends prior to marriage.

(30) The couple must take side of each other and they should not take side of another member in the family when there is quarrel.

(31) The couple should help each other in day to day work and when one is ill, the other should serve him or her and try to have proper treatment.

(32) The husband should never say that his wife is with low education and is from a backward family and similarly the wife must avoid such comments on her husband.

(33) The bride must see that she is not developing more relations with father in law and brothers in law and ignore the mother in law and the wives of her brothers in law. Similarly the husband must avoid having more relations with wives of his brothers.

(34) The husband should avoid teaching something in presence of his parents, his sisters or his brothers because his wife would take such teachings as insult to her and she would not tolerate.

These are some of the points which are often included in divorce petitions and therefore, the couple must know all these points and if need be they are at liberty to add more points in this list and both the partners should try to follow these points in every day life. It is expected that the number of divorces shall come down and the people shall start following the will of God and the couple shall marry only once and shall not file divorce petitions.

—————————

Filed Under: Dating and Divorced Tagged With: , , , , , , , , , , , , , , , , , ,
« Older Posts