what is a divorce petition

A divorce petition is a legal document that starts the process of ending a marriage. It is filed by one spouse, known as the petitioner, and served on the other spouse, known as the respondent. The petition includes important information regarding the marriage, such as the names of the husband, wife, and any children, and states if there is any separate property or community property, child custody, and child or spousal support. Once the petition is filed, the respondent must be served with the papers, which is called "service of process". If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, a professional process server can be hired to personally deliver the papers. The responding spouse can also file a response to the petition saying he or she agrees, which makes it more likely the case will proceed without a court hearing. If a response is not filed within a certain time frame, the petitioner can request that a default be entered by the court.