Petitioner
The Petitioner is the spouse seeking the divorce.
Respondent
The Respondent is the spouse being sued for divorce.
Summons
A Summons is a document filed with the court by the Petitioner and served on the Respondent. It notifies the Respondent, among other things, of the following …
- Respondent is being sued for divorce
- Who is suing
- The name of the court
- The court’s address
- Respondent has 30 days to respond
- There are certain limitations on each spouse’s actions until a court order is obtained
ATROS
ATROS (Automatic Temporary Restraining Orders) are specified on the back of the Summons and bind both spouses. Among other things, they restrain each spouse from …
- Taking their children out of the state
- Changing any insurance
- Disposing of any assets
- Creating any non-probate transfers of property upon death
Petition for Dissolution
The Petition for Dissolution is a document filed with the court by the Petitioner and served on the Respondent. It alleges, among other things, the following …
- The date of marriage
- The date of separation
- Certain facts, which grant the court the authority to hear the case
- What the Petitioner wants
UCCJEA Declaration
A UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) Declaration is a document filed with the court by each spouse. It alleges where the children have lived for the last five years.
Response
A Response is a document filed with the court by the Respondent and served on the Petitioner. It alleges, among other things, the following …
- The date of marriage
- The date of separation
- Certain facts, which grant the court the authority to hear the case
- What the responding spouse wants
Discovery
Discovery is the process of compiling information relevant to resolving the divorce. Discovery can take many forms including, but not limited to …
- Answering written questions
- Producing documents
- Answering questions in person
Disclosure
Disclosure is the process of identifying certain essential facts in writing to each spouse. The theory is that a fair agreement cannot be reached without a complete understanding of:
- Everything the spouses own;
- Everything they owe;
- Everything they earn; and
- Everything they spend.
There are two types of disclosure: 1) preliminary; and 2) final.
- Preliminary disclosure is an abbreviated process, which occurs at the beginning of a divorce; and
- Final disclosure is a detailed process, which happens at the end of the case.
