Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
A divorce action is commenced by the Plaintiff filing a complaint with the
Clerk of Circuit Court. The court approves issuance of a Summons which is notice to the
Defendant that a divorce action has been commenced as indicated by the attached
petition for divorce. The summons and Complaint must be served personally on the
Defendant. The laws of each state specify which information must be contained in the
Plaintiff�s Petition for Divorce. In Alabama, a divorce action must proceed in the same
manner as a civil lawsuit. The complaint must allege that the Plaintiff is seeking a
divorce. The complaint must allege the residency requirement and the grounds for the
divorce. The complaint typically provides the court with financial information about the
parties. The complaint should provide names, addresses, and birth dates of the children.
The complaint concludes with the prayer for relief which is a request that the court grant
the specific relief such as divorce, custody, etc. Alabama Code 30-2-5 and 30-2-8.
ALASKA
A dissolution action is commenced by filing a Petition for Dissolution with the
Clerk
of Court. The clerk issues a Summons. The Summons and the Petition are then served
on the Respondent. The Petition must allege factual information including the names,
addresses, and birth dates of the parties; the date and place of the marriage; the names
and birth dates of minor children; the grounds alleged for requesting the dissolution; and
other factual and financial information about the parties and their circumstances. The
Petition concludes with a �prayer for relief,� which is a general request for the relief
sought by the Petitioner.
If the Petitioner is filing a Petition pursuant to the expedited dissolution statutes,
the Petition must also allege the no-fault ground (irremediable breakdown of the
marriage), that the spouses have agreed as to the distribution of all property, an award
of custody, an award of child support, and all other issues, and that the signed Petition
constitutes the entire agreement between the parties.
AS 25.24.210.
ARIZONA
An action for dissolution of marriage is commenced by filing a Petition with the
Clerk of Superior Court. The clerk issues a Summons which has been prepared by the
Petitioner. The Summons and Petition must be served on the Respondent within 120
days after the Petition was filed or the action will be dismissed. The verified Petition in a
proceeding for dissolution of marriage shall allege that the marriage is irretrievably
broken or one or both of the parties desire to live separate and apart, whichever is
appropriate. The Petition shall also state the following: 1) the date of birth, occupation,
and address of each party and the length of domicile in the state; 2) the date and place
of marriage; 3) the names, dates of birth, and addresses of all living children, and
whether the wife is pregnant; 4) the details of any agreements between the parties as to
support, custody, and visitation of the children and maintenance of a spouse; and 5) the
relief requested by the Petitioner. ARS �25-314.
ARKANSAS
An action for divorce is commenced by the plaintiff filing a complaint with the
Clerk
of Chancery Court. The clerk issues a summons. The summons and complaint must be
personally served on the defendant who must file his response to the complaint within
twenty days or the plaintiff can ask the court for a default judgment. At a minimum, the
complaint should allege the names and residences of both parties, the grounds upon
which plaintiff is basing the request for divorce, that the plaintiff has been a resident in
Arkansas for at least 60 days prior to the filing of the complaint, names and residences
of minor children, general financial information about the parties and their assets, and
the relief requested by the plaintiff. Ark. stat. Ann. 9-12-301, 9-12-304, and 9-12-307.
In all cases where the support and care of any child is involved, the complaint
must also allege the social security number of each party and the name and address of
each party�s current employer. Ark. stat. Ann. 9-14-205.
CALIFORNIA
A party commences an action for dissolution of marriage by filing a Petition for
Dissolution in the Superior Court. The person who starts the proceeding is the
Petitioner, and the other party is the Respondent. A Summons is notice to the
Respondent that a response must be filed within 30 days, or the Petitioner can proceed
by default. The Petitioner�s Petition must contain specific information and must be in a
form consistent with the Family Law Rules. At a minimum, the Petition shall set forth the
following facts: 1) date and place of marriage; 2) date of separation and number of
years between marriage and separation; 3) name and age and date of birth of all minor
children; and 4) the social security numbers of the husband and wife. The Petition
states, in a general way, the relief requested by the Petitioner. The Petition must be
verified by the Petitioner. The specific form to be followed for a Petition is contained in
Family Law Rule 1281. The Petition must include the following notice: �Please review
your Will, insurance policies, retirement benefit plans, credit cards, other credit accounts
and credit reports, and other matters that you may want to change in view of a
dissolution or annulment of your marriage, or your legal separation. Dissolution or
annulment of your marriage may automatically change a disposition made by your Will to
your former spouse.�
Cal. Fam. Code �2024 and 2330; Family Law Rule 1281.
If the Petitioner is requesting custody of children, then the Petition or a separate
Affidavit attached to the Petition shall give verified information as to the present address
of the children, the places where the children have lived in the last five years, the names
and present addresses of the persons with whom the children have lived during that five
year period, whether the party has participated as a party or witness in any other
litigation concerning the custody of the children in California or any other state, and
whether the party has information of any pending custody proceeding concerning the
children.
Cal. Fam. Code �3409.
COLORADO
An action for dissolution of marriage is commenced by filing a Petition with the
Clerk of District Court. A Summons is then issued. A Summons notifies the Respondent
that an action for dissolution has been commenced, and the Respondent must file a
response to the Petition within 20 days or the Petitioner can request a default judgment.
The Summons and Petition must be served on the Respondent. The Petition must
allege that the marriage has been irretrievably broken - the only ground for dissolution of
marriage in Colorado. The Petition must also allege at least the following information: 1)
the residence of each party and the length of residence in the state; 2) the date and
place of the marriage; 3) the date of separation of the parties; 4) the names and ages
and addresses of children of the marriage and whether the wife is
pregnant; 5) a
description of existing arrangements as to custody and support of the children and the
maintenance of a spouse. The Petition also includes other financial information to inform
the court as to the present financial circumstances of the parties. The Petition concludes
with a description of the relief being requested by the Petitioner.
CRSA �14-10-107.
CONNECTICUT
A dissolution of marriage action is commenced by the Plaintiff filing a Complaint
and a Writ of Summons. The Writ is signed by a judge or clerk of the court. The Writ of
Summons is required to be on a form substantially in compliance with the forms issued
by the Chief Court Administrator. For dissolution actions, the Writ of Summons must be
Form JD-FM-3.
In Connecticut, the person who initiates the dissolution of marriage action is
called the Plaintiff, and the other person is called the Defendant. The Plaintiff�s
Complaint must state the date and place of the marriage, the facts satisfying the
residency requirement, and basic factual information about the income and assets of the
parities. Every Complaint shall also state the name and date of birth of each child born
of the marriage, whether there are any other minor children born to the wife since the
date of the marriage of the parties, and the name of any individual or agency responsible
by court order for the custody or support of any child. These requirements shall be met
whether a child is born of the marriage or not and whether custody of children is sought
in the action. In every case in which the state or any agency of the state has contributed
to the support or maintenance of a party or child of the party, such facts shall be stated
in the Complaint and a copy of the Complaint served on the attorney general or town
clerk. C.G.S.A. �46b-45, �49, and �453, Superior Court Rules.
DELAWARE
A divorce action is commenced by either party filing a Petition for Divorce with the
Clerk of Family Court. The clerk issues a Summons and the Summons and Petition must
be served personally on the Defendant. The Summons must be returned to the court
with proof of service within 20 days after filing. Each original Petition for Divorce filed
with the court shall contain, as an Exhibit to the Petition, a certified copy of the certificate
of the marriage between the parties. Except upon prior approval of the court upon
special application, the clerk shall not accept for filing, any Petition not in conformity with
this requirement. Two conformed copies of the Petition shall be filed, along with the
original. The Petition shall be verified by the Petitioner and shall include the following
information: 1) age, occupation, and residence of each party, and length of residence in
Delaware to show compliance with the six-month residency requirement; 2) date and
place of marriage; 3) date of separation; 4) names, ages, and addresses of all living
children and whether the wife is pregnant; 5) whether there have been any prior
proceedings for divorce or separation between the parties; 6) an allegation that the
marriage is irretrievably broken; 7) relevant financial information; and 8) the relief
requested by Petitioner.
In any case where there are living children of the marriage, the Petitioner shall
submit the Petition and Affidavit signed by the Petitioner showing that the Petitioner has
read or has been advised of the following children�s rights which shall be set forth in full
in the Affidavit: 1) the right to a continuing relationship with both parties; 2) the right to
be treated as an important human being with unique feelings, ideas, and desires; 3) the
right to continuing care and guidance from both parents; 4) the right to know and
appreciate what is good in each parent without one parent degrading the other; 5) the
right to express love, affection, and respect for each parent without having to stifle that
love because of fear of disapproval by the other parent; 6) the right to know that the
parents� decision to divorce was not the responsibility of the child; 7) the right not to be a
source of argument between the parents; 8) the right to honest answers to questions
about the changing family relationships; 9) the right to be able to experience regular and
consistent contact with both parents and the right to know the reasons for any
cancellation of time or change of plans; 10) the right to have a relaxed, secure
relationship with both parents without being placed in a position to manipulate one parent
against the other.
If child support is an issue in a case, the parties are required to provide the court
with financial information on a required form called the �Rule 16(a) Financial Report.� If
there are minor children involved, the Petitioner must also provide additional information
regarding the children and any other custody proceedings involving the children including
the information in the Petition or in an Affidavit attached to the Petition.
13 DCA �1507 and Rule 101, Family Court Civil Rules.
FLORIDA
An action for dissolution of marriage is commenced by filing a Petition for
Dissolution with the clerk of court. The Petition and a Summons issued by the clerk must
then be served personally on the Respondent. The Petition must allege that the
Petitioner has been a resident of Florida for at least six months prior to filing the Petition,
the date and place of the marriage, that the marriage has been irretrievably broken, a
general description of the income and assets of the parties, identification of the children
of the parties, and other allegations regarding the parties� position on alimony, custody,
and division of assets. If there are minor children, the Petitioner must allege in the
Petition or in a separate Affidavit attached to the Petition, information about a child
including the child�s present address, the places where the child has lived within the last
five years, and the names and present addresses of the persons with whom the child
has lived during that period of time. Further, in the Petition or separate Affidavit, the
Petitioner shall also allege whether he has participated as a party or witness or in any
other capacity in any other litigation concerning the custody of the same child in Florida
or in any other state, whether he has information of any custody proceeding concerning
the child pending in any other court, and whether he knows of any person not a party to
the proceedings who has physical custody of the child or claims to have custody or
visitation rights with respect to the child. Each party to the proceeding has a continuing
duty to inform the court of any custody proceeding concerning the child in Florida or in
any other state.
FSA �61.132 and Form 1.943, Rules of Civil Procedure. The Petitioner must also file a Civil Cover Sheet with the Petition.
Rule 1.100, Rules of Civil Procedure. GEORGIA
A divorce action is commenced by one spouse filing a Petition for Divorce with
the Clerk of Superior Court. The clerk issues a Summons. Then the Summons and
Petitions must be personally served on the Respondent. The Petition must be verified by
the Petitioner and shall contain at least the following information: 1) Respondent�s
residence or last known address; 2) the Petitioner�s residence and that the Petitioner has
resided within the state of Georgia for at least six months prior to filing the Petition; 3)
date of the marriage and date of the separation; 4) name and age of any minor children;
5) the statutory ground upon which a divorce is sought; 6) a description of the income
and property of the parties; and 7) a description of the relief requested by Petitioner.
The Respondent may file with the court and serve on the Petitioner a written demand for
a detailed statement of the facts upon which the grounds are based.
GC �19-5-5. HAWAII
A divorce action is commenced in Hawaii by the Plaintiff filing a Complaint for
Divorce with the Clerk of Family Court. The clerk issues a Summons. The Summons and
Complaint are then served personally on the Defendant who must file a Response within
twenty days. The Complaint must be signed and verified by the Plaintiff and must state
the following information: the Plaintiff has been domiciled or physically present in Hawaii
for at least six months prior to the filing of the Complaint, the marriage has been
irretrievably broken or the parties have been separated for the required length of time to
constitute a grounds for divorce, the names and addresses of the parties, the names and
dates of birth of minor children, that the Plaintiff is not party or witness in any other
custody proceeding and the Plaintiff does not know of any other custody proceeding
pending in Hawaii or in any other state, information about the income and assets of the
party, and a description of the relief requested by Plaintiff. HRS �580-2. IDAHO
A divorce action is commenced by one party filing a Complaint for Divorce with
the Clerk of District Court. The clerk issues a Summons. The Summons and Complaint
must be personally served on the Defendant. The Complaint must allege the residency
requirement--that the Plaintiff has been a resident of Idaho for at least six weeks before
filing of the Complaint--and the grounds for the divorce. If there are minor children
involved, a Complaint should also state 1) names and dates of birth of all minor
children;
2) places where the children have resided during the last five years and the names and
present addresses of any persons with whom the children have lived during that
period;
3) whether the Plaintiff has participated in any other litigation concerning the custody of
the same children in Idaho or in any other state; 4) Whether Plaintiff has information of
any custody proceeding concerning the same children pending in Idaho or in any other
state; and 5) whether Plaintiff knows of any other person who has physical custody of
the children or claims to have custody or visitation rights with respect to the children.
The Complaint should also describe the income and assets of the parties. The
Complaint should summarize the relief requested by the Plaintiff. IC �32-603, 32-701, and 32-1109. ILLINOIS
An action for dissolution of marriage in Illinois is commenced by one spouse filing
a Petition with the clerk of court. The clerk then issues a Summons which, together with
the Petition, must be personally served on the Respondent. The Petition must be
verified by the Petitioner and, at a minimum, must contain the following information: 1)
the age, occupation, and residence of each party, and length of residence within the
state; 2) date and place of the marriage; 3) that one of the parties has been a resident of
the state for at least 90 days prior to the commencement of the action; 4) the specific
grounds for dissolution upon which the Petitioner is basing the action; 5) the names,
ages, and addresses of all living children of the marriage and whether the wife is
pregnant; 6) any arrangements as to support, custody, and visitation of the children and
maintenance of the spouse; and 7) the relief being requested by the Petitioner.
750 ILCS 5/403. The parties to a dissolution proceeding may file a joint petition for simplified
dissolution if they certify that the following conditions exist at the time the proceeding is
commenced: 1) neither party is dependent on the other for support or each party is
willing to waive the right to support, and the parties understand that consultation with
attorneys may help them determine eligibility for spousal support; 2) one of the parties
has been a resident of the state for at least 90 days; 3) irreconcilable differences have
caused the irretrievable breakdown of a marriage, the parties have been separated six
months or more and efforts at reconciliation have failed or future attempts at
reconciliation would be impracticable and not in the best interest of the family; 4) no
children were born of the relationship of the parties or adopted by the parties during the
marriage and the wife is not pregnant by the husband; 5) the duration of the marriage
does not exceed five years; 6) neither party has any interest in real estate; 7) the parties
waive any rights to spousal maintenance; 8) the total fair market value of all marital
property, after deducting all encumbrances, is less than $5,000 and the combined gross
annualized income from all sources is less than $25,000; 9) the parties have disclosed to
each other all assets and their tax returns for all years of the marriage; and 10) the
parties have executed a written agreement dividing all assets in excess of $100 in value
and allocating responsibility for debts between the parties. Upon request, the court clerk
shall supply forms to be used by any party seeking a simplified dissolution.
750 ILCS 5/452 and 5/456.
INDIANA
A person starts a divorce action by serving a Summons and Petition or Petition on
the other spouse. A Summons is a document notifying the other person that they are
being sued and that they must file a response with the court within a certain time or they
will lose the case by default. The Petition, often called a Petition in a divorce case, is the
first document initiating a lawsuit. The laws of each state specify what information must
be contained in the Petition. The Petition concludes with a "prayer for relief," which is a
request that the court grant specific relief, for example, a divorce, custody of children, a
fair division of property, etc. In Indiana, the Petition shall be verified by the Petitioner and must contain at least
the following information: 1) residence of each party and the length of residence in the
state and county; 2) date of the marriage; 3) date of separation; 4) names, ages, and
addresses of any living children under 21 years of age, whether there are any
incapacitated children of the marriage, and whether the wife is pregnant; 5) the grounds
for dissolution of the marriage; and 6) the relief requested by Petitioner. The Petition
should also describe the income and assets of the party. The Petition should also state
whether the Petitioner is a party to or is aware of any other custody proceeding involving
the children pending in another court in Indiana or in any other court.
AIC �31-1-11.5-4.
IOWA
In Iowa, the person who initiates a dissolution of marriage is called the Petitioner,
and the other spouse is called the Respondent. The Petitioner commences the action
for dissolution of marriage by filing the Petition and a form called �Original Notice� with
the Clerk of Court. The Petitioner also files written instructions specifying how the Petition
and original Notice can be personally served on the Respondent. The original Notice is
formal notification to the Respondent that a response must be filed to the Petition within
20 days, or the Petitioner can request a default. The Petition for dissolution of marriage must contain the following: 1) name, date
of birth, address, and county of residence of the Petitioner and the name and address of
the Petitioner�s attorney; 2) place and date of the marriage of the parties; 3) name, date
of birth, address, and county of residence of the Respondent; 4) name and age of each
minor child; 5) whether or not a separate action for dissolution of marriage has been
commenced by the Respondent and whether such an action is pending in any court; 6)
that the Petition has been filed in good faith and for the purposes set forth therein; 7)
that there has been a breakdown in the marriage relationship, and there remains no
reasonable likelihood that the marriage can be preserved; 8) any application for
temporary support of the Petitioner and children; 9) any application for permanent
alimony or support, child custody, division of property, attorney fees, etc.; 10) whether
the appointment of a marriage conciliator pursuant to Section 598.16 may preserve the
marriage; and 11) that the Petitioner has been for the last year a resident of the state,
specifying the county in which the Petitioner has resided, and that the maintenance of
the residence has been in good faith and not for the purpose of obtaining a marriage
dissolution only. The Petition must be verified by the Petitioner.
ICA Section 598.5 and 598.6.
KANSAS
A party commences a divorce action by filing a Petition for Divorce with the
Clerk
of District Court. The Petitioner also prepares a Summons for issuance by the clerk.
The clerk signs the Summons. The Summons and the Petition must then be served
personally on the Respondent. The truth of the allegations of any Petition must be
verified by the Petitioner. The Petition should contain at least the following information:
the grounds for divorce, the names and dates of birth of minor children, whether there is
any other custody proceeding pending in Kansas or in any other state, whether either
party has been a party or witness in any other custody proceeding involving the children,
whether any other party besides Petitioner and Respondent has any claim to custody or
visitation rights with respect to the children, information about the income and assets of
the parties, and the relief requested by Petitioner. KSA �60-1604. KENTUCKY
An action for dissolution of marriage is commenced by either spouse filing a
Petition for Dissolution with the Clerk of Circuit Court. The clerk then issues a Summons.
The Summons and Petition must be served personally on the Respondent. The verified
Petition for Dissolution of Marriage shall allege the only available ground for dissolution -
that the marriage is irretrievably broken - and shall also state: 1) the age, occupation,
and address of each party and the length of residence in the state; 2) if domestic
violence and abuse is alleged by either party, the party filing the Petition shall certify the
existence and status of any domestic violence protective orders; 3) the date and place of
the marriage; 4) that the parties are separated and the date on which the parties
separated; 5) the names, ages, and addresses of any living minor children of the
marriage and whether the wife is pregnant; 6) any arrangements as to custody, visitation,
and support of the children, and the maintenance of a spouse; and 7) the relief
requested by Petitioner. K.R.S. �403.150. LOUISIANA
In Louisiana, a divorce action is commenced by one spouse filing a Petition for
Divorce with the Clerk of District Court in the parish in which either party is domiciled.
The court then issues a Notice of Filing of Suit for Divorce. The Notice and Petition must
then be served personally on the Defendant. The Petition for Divorce must be verified
as true by the Plaintiff and should allege the name and address of both parties, that the
Plaintiff has been domiciled in Louisiana and in the parish in which the Complaint is filed,
the date and place of marriage, the date of separation, the ground for the divorce, that
there exists a legal regime of community property between the parties which should be
terminated and partitioned by the divorce action, names and birth dates of children,
information about the income and assets of the parties, and a summary of the relief
requested by the Plaintiff. CCP Art. 10, 3941, and 3951; and CC Art. 102 and 103. MAINE
Either spouse may commence an action for divorce by serving the other spouse
with a Summons and Complaint for divorce or by filing the Complaint for divorce with the
Clerk of Superior Court or Clerk of District Court. The Summons is a document, prepared
by the Plaintiff and issued by the clerk of court, notifying the Defendant that the action is
being commenced and that Defendant must file an Answer within a required time or
Plaintiff can ask the court for a default judgment. The complainant must allege the facts
to satisfy the residency requirement. The complainant must also state the grounds for
the divorce. The Complaint should state the residences and ages of both parties, names
and dates of birth of all children, a description of the income and assets of the parties,
and a description of the relief requested by Plaintiff. Where there are minor children, the
Complaint must allege the children�s present address, the places where the children
have lived within the last five years, and the names and present addresses of all persons
with whom the children have lived during that five year period. The Plaintiff must also
allege whether he has participated as a party, witness or in any other capacity in any
other litigation concerning the custody of the children in Maine or in any other state;
whether he has information of any pending custody proceeding regarding the children in
Maine or in any other state, and whether he knows of any other person not a party to the
proceedings who has physical custody of the children or claims to have custody or
visitation rights with respect to the children.
19 MRSA �691 and 810, and Rule 80, Maine Rules of Civil Procedure. MARYLAND
In Maryland, a party commences a divorce action by filing a Complaint for divorce
with the Clerk of Circuit Court. The clerk issues a Summons and delivers it to the sheriff or
other process server for personal service of the Summons and Complaint on the
Defendant. The Summons must be served within 60 days of issuance, or it is void. The
Complaint should include the following information: names and addresses of both
parties, that the Plaintiff was a resident of Maryland at the time of filing the Complaint (or
has been a resident of Maryland for at least one year prior to filing the Complaint if the
cause of the divorce occurred outside the state), the statutory ground upon which the
Plaintiff is basing the divorce, the names and dates of birth of children, and that there is
no pending custody proceeding in any other jurisdiction. If there is a pending custody
proceeding in another jurisdiction, the Plaintiff must allege the information required by the
Uniform Child Custody Jurisdiction Act, a description of the properties of the parties, and
a summary of the relief requested by the Plaintiff. Rule S72, Maryland Rules. MASSACHUSETTS
A divorce action is started in Massachusetts by one spouse filing a Complaint for
Divorce with the Clerk of Probate Court in the county where either party resides. The
Plaintiff can also commence the action by mailing the Complaint to the clerk of Probate
Court by certified or registered mail. The clerk then issues a Summons, and the Plaintiff
delivers the Summons and Complaint to the sheriff or process server for personal service
on Defendant. If the Summons and Complaint is not served on Defendant within 90
days after the filing of the Complaint, the action shall be dismissed. The Complaint
should contain at least the following information: name and address of both parties, date
and place of marriage, date of separation, names and dates of birth of minor children, a
statement whether there have been or are pending any actions for divorce or separation
between the parties, the grounds for the divorce, description of income and assets of the
parties, and a summary of the relief requested by Plaintiff. A certified copy of the
marriage certificate must be filed with the Complaint. Rule 7 and Form 101, Massachusetts Rules of Domestic Relations Procedure;
and ALM 208 �1 and 6B. MICHIGAN
A divorce action is commenced by filing a Complaint (sometimes called a Petition)
for divorce with the Clerk of Circuit Court in which either party has resided for at least ten
days preceding the filing of the Complaint. The court then issues a Summons which,
together with the Complaint, must be personally served on the Defendant. At a
minimum, the Complaint must contain the following information: 1) the grounds for the
divorce--that there has been a breakdown of the marriage relationship to the extent that
the objects of matrimony have been destroyed, and there remains no reasonable
likelihood that the marriage can be preserved; 2) the residency requirement--that either
party has resided in Michigan for at least 180 days immediately preceding filing of the
Complaint and that either party has resided in the county in which the Complaint was
filed for at least ten days immediately preceding the filing; 3) the complete names of all
parties and the names of the parties before the marriage; 4) the complete names and
dates of birth of all minor children of the parties and all minor children born during the
marriage; 5) whether any Michigan court has prior continuing jurisdiction of any minor
involved in the case; 6) a description of property to be divided; 7) the facts sufficient to
show a need for spousal support and that the other party is able to pay; 8) facts
sufficient to support a request for an order for personal protection or for the protection of
property including restraining orders and injunctions; 9) reference should be made to a
verified statement Plaintiff is attaching to the Complaint to provide all details regarding
the minor children, employers of each party, incomes of each party, physical description
of each party, name and address of any person who may have custody of a minor
besides the parties, the receipt of any public assistance by the parties, details regarding
health insurance coverage available for each child; and 10) the relief requested by the
Plaintiff. MCLA �552.6 and Rule 3.206, Michigan Court Rules. When minor children are involved, the Plaintiff must also provide a copy of the
Summons and Complaint and all other pleadings to the Friend of the court by submitting
extra copies to the court clerk at the time of filing.
Rule 3.203, Michigan Court Rules.
MINNESOTA
A person starts a divorce action by serving a Summons and Complaint or Petition
on the other spouse. A Summons is a document notifying the other person that they are
being sued and that they must file a response with the court within a certain time or they
will lose the case by default. The Complaint, often called a Petition in a divorce case, is
the first document initiating a lawsuit. The laws of each state specify the information that
must be contained in the Petition. The Petition concludes with a "prayer for relief," which
is a request that the court grant specific relief, for example, a divorce, custody of
children, a fair division of property, etc. In Minnesota, the person who initiates a dissolution of marriage is called the
Petitioner, and the other person is called the Respondent. In Minnesota, the Petition
must contain the following information: 1) name and address of Petitioner and any prior
or other name used by the Petitioner; 2) name and address of the Respondent and any
prior or other name used by the Respondent; 3) that either party has resided in the state
for at least 180 days immediately preceding commencement or has been a member of
the armed services and has been stationed in the state for at least 180 days or has been
a domiciliary of the state for at least 180 days prior to commencement; 4) name and any
prior or other name, age and date of birth of each living minor or dependent child of the
parties born before the marriage or born or adopted during the marriage and also a
reference to a child conceived but not yet born; 5) whether or not a separate proceeding
for dissolution, legal separation, or custody is pending in a court in this state or
elsewhere; 6) that there has been an irretrievable breakdown of the marriage
relationship; and 7) all relief requested without setting forth specific amounts of
requested maintenance or support or property division. The Petition must be verified by
the Petitioner. Minn. Stat. �518.10.
MISSISSIPPI
An action for divorce is commenced by one spouse filing a Complaint for Divorce
with the Clerk of Chancery Court. The clerk issues a Summons. The Summons and
Complaint must then be personally served on the Defendant. The Summons and
Complaint may also be served by mailing by first class mail to the Defendant, and asking
the Defendant to sign an acknowledgment that Defendant received the Summons and
Complaint by mail. The Complaint should allege the names and addresses of the
parties, that the Plaintiff has been a resident of Mississippi for at least six months prior to
filing of the Complaint, the grounds upon which the divorce is requested, names and
birth dates of minor children, information about the income and assets of the parties, and
a summary of the relief requested by Plaintiff. MC 93.5-1, 93-5-2, 93-5-5, 93-5-7, and 93-5-11. In all divorce cases, except where the Complaint seeks a divorce on the ground
of irreconcilable differences, the Complaint must be accompanied with an Affidavit of
Plaintiff that the Complaint is not being filed by collusion with the Defendant for the
purpose of obtaining a divorce, but that the cause for divorce stated in the Complaint is
true as stated. MC 93-5-7.
MISSOURI
An action for dissolution is commenced by the Petitioner filing a Petition with the
clerk of Circuit Court. The clerk then issues a Summons. The Summons and Petition
must be served personally on the Respondent. The Petition shall be verified by the
Petitioner and shall allege that the marriage is irretrievably broken and shall state the
following information: 1) residence of each party and length of residence in Missouri; 2)
date and place of marriage; 3) date of separation; 4) names, ages, and addresses of any
living children of the marriage and whether the wife is pregnant; 5) any arrangements as
to custody and support of children and maintenance of a spouse; and 6) the relief
requested by Petitioner. In listing the names, ages, and addresses of living children, the Petitioner shall
also state which party has actual custody of any minor children. After the filing of the
Petition, until permitted to do so by order of the court, neither party shall remove such
minor children from the jurisdiction of the court nor from the care and custody of the party
which has custody of the children at the time the action is filed.
VAMS �452.310.
MONTANA
A party commences an action for dissolution of marriage by filing a Petition with
the clerk of district court. The Petitioner also presents a summons which is approved
and signed by the clerk. The summons and the petition are then served personally on
the respondent. Respondent has twenty days to serve and file a Response. The
petition must be verified and must set forth the following information: 1) The age,
occupation and residence of each party and the length of residence in the state; 2) the
date and place of marriage; 3) that residency requirements are met and that the
marriage is irretrievably broken; 4) the names, ages, and addresses of all living children
of the marriage and whether the wife is pregnant; 5) any arrangements as to support,
custody and visitation of the children and maintenance of the spouse; and 6) the relief
requested by the petitioner. MCA 40- 4-105. NEBRASKA
An action for dissolution of marriage is commenced by either party filing a Petition
for Dissolution with the Clerk of District Court in the county where either party resides.
The Petitioner also files a request for a Summons. The clerk of court issues a
Summons. The Summons and Petition must then be served personally on the Respondent within six months after filing, or the Petition is dismissed. The Petition shall
include the following: 1) name and address of the Petitioner and his attorney; 2) name
and address of the Respondent; 3) date and place of marriage; 4) name and
birth date of each child whose custody is involved in the proceeding; 5) if any other action for
dissolution is pending and a statement of where the action is pending; 6) an allegation
that the marriage is irretrievably broken; and 7) the relief requested by the Petitioner.
Reissued Revised Statutes 42-353. NEVADA
Either spouse may commence a divorce action by filing a Complaint with the
Clerk
of District Court in the county where either party resides, or in the county where the
parties last cohabited. The clerk issues a Summons and the Plaintiff must serve a copy
of the Summons and Complaint on the Defendant within 120 days after filing of the
Complaint, or the Complaint is dismissed by the court. The Complaint should state the
names and addresses of both parties, that one of the parties has been a resident of
Nevada for at least six weeks before filing of the Complaint, the grounds for the divorce,
the names and birth dates of all children of the parties, a description of the income and
assets of the parties, and a summary of the relief requested by Plaintiff. If custody of
minor children is an issue in the case, each party must, in the first document filed with
the court (the Complaint by the Plaintiff or the Answer by the Defendant) or in an
Affidavit attached to that document, provide information about the minor children
including: name and present address of the children, the places where the children have
lived during the last five years, the names and present addresses with whom the children
have lived during the last five years, whether the party has participated in any other
litigation concerning the custody of the same child in Nevada or in any other state,
whether the party has any information about any pending custody proceeding, and
whether the party knows of any other person, not a party to the case, who has physical
custody of one of the children or who claims to have custody or visitation rights with the
children.
NRS 125.030 and 125A.120. Nevada statutes provide for a simplified procedure for divorce when all of the
following conditions exist at the time the Complaint is filed: 1) either party has been a
resident of Nevada for at least six weeks; 2) the parties have lived separate and apart for
at least one year without cohabitation, or they are incompatible; 3) there are no minor
children involved and the wife is not pregnant, or the parties have executed an
agreement as to the custody of any children and for support of children; 4) there is no
community or joint property, or the properties have executed an agreement setting forth
the division of community property and the assumption of liabilities, if any, and have
executed any deeds or other evidence of transfer necessary to put their agreement into
legal effect; 5) the parties waive any rights to alimony, or the parties have executed a
written agreement setting forth the terms for payment of alimony; 6) the parties waive
their rights to written notice of entry of the final decree, to appeal, to request findings of
fact, and to move for a new trial; and 7) the parties desire that the court enter a decree of
divorce based on their agreement. If the parties satisfy all of these conditions, then they
may proceed by a �summary proceeding� for divorce by filing a joint petition for divorce,
with their written agreement attached to the Petition. The Petition must also be
accompanied by an Affidavit of Corroboration of Residency. NRS 125.181-0.185.
Each judicial district in Nevada has separate rules of practice and procedure for
handling cases within that district. These local rules sometimes require additional
information to be included in the Complaint. A party should always consult the local
District Court Rules before proceeding with the case.
NEW HAMPSHIRE
Either spouse may start a divorce action by filing a Libel for Divorce with the
Clerk
of Superior Court in the county where either party resides. (A Libel is the first document
filed by a Plaintiff to start a lawsuit. In other states, this document is called a Complaint
or a Petition.) The Plaintiff must also prepare and file the Writ for Summons with the
clerk. After the Libel is filed, the clerk issues the Writ for Summons. The Summons and
Libel for Divorce must be served on the Defendant. The Libel for Divorce shall state the
residence and addresses of the parties, the grounds for the divorce, the names and
birth dates of children, whether the Plaintiff has been a participant in or knows of any
custody proceedings involving the children in any other state, whether the Plaintiff knows
of any other person who has a claim to custody and visitation, the income and assets of
the parties, and a summary of the relief requested by Plaintiff.
Rule 144, Superior Court Rules; and RSA 458:9. NEW JERSEY
A divorce action in New Jersey is commenced by filing a Complaint for divorce
with the Clerk of Superior Court, Chancery Division - Family Part. The clerk issues a
Summons. The Summons and Complaint must then be served personally on the
Defendant. The Complaint shall state the name and address of the parties, that the
residency requirement has been met, the grounds for the divorce, a description of any
previous family actions involving the same parties, the name and birth dates
of children, a statement of where and with whom the children reside, a statement of whether the
Plaintiff has been a party to or knows of any other custody proceedings involving the
children, whether any other person has a right to custody and visitation with the children,
information about the income and assets of the parties, and a summary of the relief
requested by Plaintiff. If the Plaintiff is alleging adultery or deviant sexual conduct on the
party of the Defendant as the ground for divorce, the Complaint shall state the name of
the person with whom such conduct was committed and shall also state the time, place,
and circumstances under which the act or series of acts were committed, so the
Defendant and the court will know the particular offenses charged. The Complaint shall
be verified by the Plaintiff, stating that the allegations are true to the best of the Plaintiff�s
knowledge, information, and belief, and that the Complaint is made in truth and good
faith, and without collusion for the causes set forth in the Complaint. Within 20 days after the Defendant files an Answer to the Complaint, each party
must file a Case Information Statement with the court. The Case Information Statement
shall be filed in the form required by the New Jersey Rules of Court. The form is
available from the clerk of Superior Court. The court may, on its own motion, dismiss a
party�s Complaint or Answer for failure to have filed a Case Information Statement. If so
dismissed, the Answer or Complaint is subject to reinstatement upon such conditions as
the court may deem just. Parties are under a continuing duty to inform the court of any
changes in the information supplied on the Case Information Statement. All
amendments to the statement shall be filed with the court no later than 20 days before
the final hearing. The court may prohibit a party from introducing into evidence at trial,
any information not disclosed on the Case Information Statement. The Statement
requests information about the income, expenses, assets, and liabilities of each party.
Rules 5:4-2 and 5:5-2, New Jersey Rules of Court.
NEW MEXICO
An action for dissolution of marriage is commenced by either spouse filing a
Petition for Dissolution with the clerk of District Court in the county where either party
resides. The clerk issues a Summons. The Summons and Petition must be served
personally on the Respondent. If the Respondent will acknowledge receipt of the
Summons and Petition, they can be mailed to the Respondent by first class mail. The
Petitioner must verify that the Petition for Dissolution is true and correct. The Petition
must allege the names and addresses of the parties, that either party has been a
resident of New Mexico for at least six months prior to filing of the Petition, the date and
place of the marriage, the names and birth dates of children of the parties, whether
Petitioner has been a participant in or knows of any other proceedings for custody of the
children in New Mexico or in any other state, whether Petitioner knows of any other
person who claims custody or visitation rights for the children, a description of the
income and assets of the parties, and a summary of the relief requested by the
Petitioner. The Petitioner must allege one of the authorized grounds for the dissolution.
�40-4-1 to 40-4-6 NMSA. NEW YORK
A divorce action in New York is commenced by either spouse filing a Summons and Complaint, or a Summons including notice of the action, with the clerk of
Supreme Court. The summons and complaint are then served personally or by mail
upon the defendant. If the complaint is not served with the summons, the summons
shall indicate on its face the nature of the action - �action for divorce� and shall specify
the nature of relief requested. The complaint must state the grounds upon which the divorce is based. The
nature and circumstances of a party�s alleged misconduct, if any, and the time and
place of each act complained of, if any, shall be specified in the complaint. This satisfies
C.P.L.R. �3016 (c) which requires that allegations be stated with a degree of particularity
in specific types of suits.
If the marriage was solemnized, either in New York or elsewhere, by a clergyman
or minister, the plaintiff must state in his or her verified complaint that to the best of his or
her knowledge he or she has taken or will take, prior to the entry of the final judgment of
divorce, all steps within his or her power to remove any barrier to the defendant�s
remarriage following the divorce. The purpose of this law is to make sure the parties will
have the cooperation of one another to obtain a religious divorce as well as the legal
divorce of the marriage relationship.
Domestic Relations Law �253.
The complaint must also allege the names,
birth dates and addresses of both parties, and the facts to satisfy the residency requirement. The complaint should state
the names and birth dates of the minor children of the parties and whether plaintiff has
been a participant in any other custody preceding in New York or any other state, and
should also state the addresses where the children have resided for the prior five years
and the names and current addresses of the persons with whom the children resided
with during the prior five years. The complaint should also state whether plaintiff is
aware of any other person who claims custody or visitation rights with the children.
A divorce complaint must be verified. A verification is a sworn statement that the
complaint is true or believed to be true.
Domestic Relations Law �211.
NORTH CAROLINA
A divorce action is commenced in North Carolina by either party filing a Complaint
for Divorce with the Clerk of Court in the county where either party resides. The clerk
issues a Summons, and the Plaintiff is responsible for having the Summons and
Complaint served on the Defendant. The Complaint shall be verified by the Plaintiff as
being true and correct. The Complaint must state that the Plaintiff or Defendant has
been a resident of North Carolina for at least six months preceding the filing of the
Complaint. The Complaint must state the grounds for the divorce and that the grounds
have existed for at least six months prior to the filing of the Complaint. However, if the
ground for the divorce is that the parties have been separated for one year, then it is not
necessary to allege in the Complaint that the grounds for divorce have existed for at
least six months. If the Plaintiff is not a resident of North Carolina, the Complaint must
be filed in the county of the Defendant�s residence. The Complaint shall state the name
and address of the parties, and the name and age of any minor children of the marriage.
If there are no such minor children of the marriage, the Complaint shall so state. The
Complaint shall also describe the income and assets of the parties. The Complaint
should conclude with a summary of the relief requested by the Plaintiff.
GS �50-8. NORTH DAKOTA
A person starts a divorce action by serving a Summons and Complaint or Petition
on the other spouse. A Summons is a document notifying the other person that they are
being sued and that they must file a response with the court within a certain time or they
will lose the case by default. The Complaint, often called a Petition in a divorce case, is
the first document initiating a lawsuit. The laws of each state specify the information that
must be contained in the Petition. The Petition concludes with a "prayer for relief," which
is a request that the court grant specific relief, for example, a divorce, custody of
children, a fair division of property, etc. In North Dakota, the person who initiates a divorce action is called the Plaintiff
and the other person is called the Defendant. The Plaintiff�s Complaint must identify the
parties and the children, allege that one of the parties has been a resident of North
Dakota for at least six months prior to commencement of the action, provide information
about the current financial circumstances of the parties, and state all relief requested
from the court. NDCC Chapter 14.07.
OHIO
Either spouse may commence an action for divorce by filing a Complaint with the
clerk of the Court of Common Pleas in the county where the Plaintiff has been a resident
for at least 90 days before filing. The clerk issues a Summons. The Summons and
Complaint must be served on the Defendant. Service can be by certified mail issued by
the Clerk of Court or by personal service on the Defendant. If the clerk attempts service
by certified mail and Defendant refuses to claim the certified mail, the Plaintiff can file a
written request with the clerk for service by regular mail. In such a case, service is
complete by the clerk mailing the Summons and Complaint to Defendant by regular mail.
Defendant�s deadline to answer the Complaint is then 28 days after the date of mailing
by the clerk. The Complaint for divorce should state the names and addresses of both
parties, that the Plaintiff was a resident of Ohio for at least six months before filing the
Complaint, the ground for the divorce, names and birth dates of children, whether Plaintiff
is aware of any other custody proceeding in Ohio or in any other state, whether the
Plaintiff has been a witness or party in any other custody proceeding, whether any other
person has a claim to custody or visitation with the children, information about the
income and assets of the parties, and a summary of the relief requested by the Plaintiff.
Rules 3 and 4, Ohio Rules of Civil Procedure; ORC 3105.01, 3105.03, and 3105.10. OKLAHOMA
Either spouse commences an action for divorce by filing a Petition for Divorce
with the Clerk of District Court. Plaintiff files a Petition either in the county where Plaintiff
has resided for at least 30 days or in the county where Defendant resides. The clerk
issues a Summons. The Summons and Petition for Divorce must be served personally
on Defendant. The Petition must be verified as true by the Affidavit of the Plaintiff. The
Petition shall allege the cause for the divorce in the same language used in the
Oklahoma statute listing the various grounds for divorce. The Petition shall not provide
any detailed statement of facts underlying the ground. If the opposing party desires a
statement of the facts relied upon, that party may demand a �Bill of Particulars.� The Bill
of Particulars shall be furnished to the court and to the other party and shall constitute
the allegations of fact upon which the action is to be tried. The Bill of Particulars shall
not be filed with the Clerk of the District Court nor become a part of the records of the
court. The Petition for Divorce should also allege the names and addresses of both
parties, that either party has been a resident of Oklahoma for at least six months before
filing the Petition, that the action has been filed in the county where Plaintiff has resided
for at least 30 days or in the county of Defendant�s residence, the names and
birth dates of children, whether Plaintiff has been a participant in or is aware of any other custody
proceeding, whether the Plaintiff knows of any other person who claims rights to custody
or visitation, a description of the income and assets of the parties, and a summary of the
relief requested by Plaintiff. 43 Okl.St.Ann. �105 and �107. OREGON
Either party may commence an action for dissolution of marriage by filing a
Petition for Dissolution with the Clerk of Circuit Court in the county where either party
resides. The Petitioner issues a Summons. The Summons and Petition must then be
served personally on the Respondent. The Petition shall state the following: 1) the
names, social security numbers, and dates of birth of all children born or adopted during
the marriage and a reference to an expected date of birth of any children conceived
during the marriage, but not yet born; 2) the names, social security numbers, and dates
of birth of all the children born of the parties prior to the marriage, if any; 3) whether there
is another action for dissolution or annulment, or any type of support proceedings
involving dependents of the same marriage, pending in Oregon or any other state; 4) full
names and any former names of the parties; the residence, mailing, or contact
addresses of the parties; the ages of both parties; their social security numbers; and the
date and place of the marriage; 5) information about the income and assets of the
parties; and 6) a description of the relief requested by the Petitioner. Together with the original Petition, the Petitioner must file with the court
administrator a certificate of residency establishing that one or both of the parties
currently resides in the county in which the Petition is being filed. Any Petition filed
without a certificate of residency must be returned by the administrator to the person who
submitted the Petition for filing.
The Petitioner must also attach to a Petition for Dissolution a copy of the Notice
to Parties regarding the availability and continuation of health insurance coverage, as
required by ORS 107.092. The Notice is available from the court administrator.
If financial aid or public assistance is being granted to, or on behalf of, any
dependent child involved in the proceeding, then a copy of the Petition for Dissolution
shall be served by mail or personal delivery on the Administrator of the Support
Enforcement Division of the Department of Justice, or on the branch office of any
division providing service to the county in which the Petition is filed.
At the time the Petition for Dissolution is filed with the clerk of Circuit Court, the
clerk shall furnish to the Petitioner a copy of ORS 107.089, and the Petitioner shall serve
a copy of the statute upon the Respondent. This statute requires the parties to
exchange financial records and documents, including tax returns for the last three years,
records of income earned or received for the current year, documentation such as deeds
for real estate, documents showing debts of either party, certificates of title or
registrations for automobiles and other personal property, documents regarding
investments, the most recent statement describing any retirement plan or IRA, and bank
account records for the prior one year. The information is required to be disclosed to the
other party within 30 days after service of the Petition. If a child support hearing is
pending earlier than 30 days after service of the Petition, the parties shall exchange the
required information by at least three days before the hearing. The court can order
either party to comply with the request for information and award attorney fees against a
party willfully refusing to comply with the statute. The request for disclosure of
documents and information, pursuant to ORS 107.089, does not in any way limit the right
of either party to request additional discovery allowed by the Oregon Rules of Civil
Procedure. ORS 107.085 - 107.092, and Uniform Trial Court Rules 8.10.
PENNSYLVANIA
A divorce action in Pennsylvania is commenced by either spouse filing a
Complaint for Divorce with the clerk of court in the county where either
Plaintiff or Defendant resides. The clerk issues a writ of summons. The writ and complaint must be
served on the defendant, either personally or by certified and regular mail. The
complaint must contain a �notice to defend� in the form required by Rule 1920.71,
Pennsylvania Rules of Civil Procedure. The complaint shall state the names and
residences of both parties. The complaint shall state the ground �cause� for the divorce.
If the ground is that the marriage is irretrievably broken and 90 days have elapsed from
the date of the commencement of the divorce action, then the complaint must allege the
ground and the defendant must also sign an Affidavit of Consent agreeing that the
marriage is irretrievably broken and 90 days have elapsed from the date of filing the
complaint. The complaint must also state that either party has resided within the
commonwealth of Pennsylvania for at least six months preceding commencement of the
action, the date and place of the marriage, whether there has been any prior action for
divorce or annulment between the parties in Pennsylvania or any other jurisdiction,
names and birth dates of minor children, whether plaintiff has been a participant in any
other proceeding regarding custody of the children in Pennsylvania or any other
jurisdiction, whether plaintiff knows of any person who claims rights to custody or
visitation of the minor children, and the residences of the children in the last five years,
and the names and current addresses of the persons with whom the children have
resided within the five years. The complaint must also allege that the plaintiff has been
advised of the availability of counseling and that the plaintiff is aware of the right to
request that the court require the parties to participate in counseling. The complaint
should also describe the incomes and assets of the parties. Finally, the complaint
should summarize the relief requested by plaintiff. After filing of the complaint, either
party may request a jury trial.
Rules 1920.2 - 1920.13; 23 Pa.C.S.A. � 3322. RHODE ISLAND
A divorce action in Rhode Island is commenced by one spouse filing a Complaint
for Divorce with the clerk of Family Court. The Complaint is filed in the county where
Plaintiff resides, unless the Complaint is based on the residence of Defendant, in which
case the Complaint shall be filed in Providence County or in the county where Defendant
resides. The clerk of Family Court then issues a Summons. The Summons and the
Complaint are then personally served on Defendant. The Complaint must be verified by
Plaintiff as being true and correct. The Complaint should allege the names and
addresses of the parties, that one of the parties has been a resident of Rhode Island for
at least one year preceding filing of the Complaint, the date and place of marriage,
names and birth dates of children, that Plaintiff has not been a party to and is not aware
of any other custody proceedings pending in Rhode Island or any other state,
information about the income and assets of the parties, and a summary of the relief
requested by Plaintiff. GLRI 15-5-11. SOUTH CAROLINA
A Petition, called a Complaint, in South Carolina, is the first document filed by the
Plaintiff to commence the action for divorce. The Plaintiff files a Complaint for Divorce
with the Clerk of Family Court. The Plaintiff�s attorney issues a Summons. The
Summons and Complaint must then be served together on the Defendant within a
reasonable time after the Complaint was filed. The Complaint should allege the names
and addresses of both parties, that the Plaintiff has been a resident of South Carolina for
at least one year prior to filing of the Complaint, or that the Plaintiff has been a resident
of South Carolina for at least three months prior to filing the Complaint if both parties
were residents of the state at the time of filing the Complaint. The Complaint should also
allege the names and addresses of minor children, whether the Plaintiff has been a
participant in or is aware of any other custody proceedings involving the same children in
South Carolina or in any other state, whether Plaintiff knows of any person not a party to
the case who claims custody or visitation rights with the children, and the addresses
where the children have resided for the last five years, and the names and current
addresses of any persons with whom the children have resided during the last five years.
The Complaint should also describe the income and assets of the parties. The
Complaint should state the grounds upon which the Plaintiff is requesting a divorce.
Finally, the Complaint should conclude with a summary of the relief requested by the
Plaintiff.
1976 Code �20-3-10, �20-3-30, and �20-3-60. SOUTH DAKOTA
A divorce action is commenced by serving a Summons and Complaint on the other spouse. The Summons is notice to the Defendant that the divorce suit is being
commenced, and the Defendant must file an answer within 30 days or the Plaintiff can
ask the court for default relief. The Complaint, referred to as a Petition in some states,
must allege the ground upon which the divorce is requested, that the Plaintiff is a
resident of South Dakota, the names and birth dates of minor children, a general
description of property, information about the present financial circumstances of the
parties, and the relief requested by the Plaintiff. S.D.C.L. 25-4-2 and 25-4-30. TENNESSEE
Either spouse may commence a divorce action by filing a Petition for Divorce with
the Clerk of Court for the Chancery or Circuit Court. The Petition is filed in the county
where the parties reside at the time of their separation, or in the county in which the
Defendant resides, or in the county in which the Plaintiff resides if the Defendant is a
non-resident of Tennessee. The Petition for Divorce shall state the grounds for the
divorce in substantially the same language as used in the statute listing the possible
grounds for divorce. If the Defendant requests more information about the grounds, the
Plaintiff is required to file a �Bill of Particulars,� setting forth the facts relied upon as the
grounds for divorce, with reasonable certainty as to time and place. However, unless
requested by the Defendant, the Plaintiff shall not state factual information supporting
the grounds in the Petition. In the Petition for Divorce, the Plaintiff shall allege the name and address of both
parties, the full maiden name of the wife, dates and places of birth of the parties, race or
color of each spouse, number of prior marriages of each spouse, date and place of the
marriage, names and birth dates of minor children, whether Plaintiff has been a
participant in or is aware of any other litigation concerning the custody of the children in
Tennessee or in any other state, whether Plaintiff knows of any person not a party to the
proceedings who claims custody or visitation rights, the addresses where the children
have resided during the last five years, the names and present addresses of the persons
with whom the children have lived during the last five years, information about the
income and assets of the parties, and a summary of the relief requested by Plaintiff.
Every Petition for Divorce shall contain this information. The court shall dismiss Petitions
which do not contain the required information unless it can be shown to the satisfaction
of the court that such information could not be obtained by Plaintiff by exercising due
diligence. The Petition for Divorce shall be verified by Plaintiff, upon oath or affirmation,
that the facts stated in the Petition are true to the best of Plaintiff�s knowledge and belief,
and that the Petition is not made out of levity, or by collusion with the Defendant, but in
sincerity and truth for the reasons stated in the Petition. TCA �36-4-106, �36-4-107, and �36-6-210.
TEXAS
Either spouse may commence the action for divorce by filing a Petition for
Divorce with the Clerk of District Court in the county where either party has been a
resident for at least 90 days. Upon the filing of the Petition, the clerk issues a Citation.
The Petitioner is responsible for serving the Citation and a copy of the Petition on the
Respondent. The Petition must be entitled, �In the matter of the marriage of _______
and ______.� The Petition must allege the ground for the divorce by using the language
substantially as stated in the divorce statutes and without a detailed statement of facts
supporting the grounds. The Petition should state the names and addresses of the
parties, that one of the parties has been domiciled in Texas for at least six months before
commencement of the action, that one of the parties has been a resident of the county in
which the Petition is being filed for at least 90 days before filing, the names and
birth dates of children under age 18, whether Petitioner has been a participant in or is
aware of any other custody proceeding involving the children in Texas or in any other
state, whether the Petitioner knows of any other person who claims custody or visitation
rights, a description of the income and assets of the parties, and a summary of the relief
being requested by Petitioner. The Petition must include a statement, printed in boldfaced
type or capital letters, stating the Petitioner�s intention to make a good faith
attempt to resolve contested issues by alternative dispute resolution. The statement
must include the language required by V.T.C.A., Family Code �3.522. The Petition must
also state whether a protective order is in effect or if there is a pending application for a
protective order involving the parties. The Petitioner shall attach to the Petition a copy of
any protective order which has been issued involving the parties.
V.T.C.A., Family Code �3.51, �3.52, and �3.522. UTAH
A divorce action in Utah is commenced by filing a Complaint with the
Clerk of
District Court, or is commenced by serving a Summons and Complaint personally on the
Defendant. The Summons notifies the Defendant that the action is being commenced
and that they must file a response with the court within the specified time, or the Plaintiff
can ask the court for default relief. The Complaint shall be in writing and signed by the
Plaintiff or Plaintiff�s attorney. The Complaint should allege that Plaintiff has been an
actual resident of the state for more than three months preceding the commencement of
the action and presently resides in the county in which the action is commenced. It
should also include the date and place of the marriage, names and birth dates
of children, the grounds for the divorce, financial circumstances of the parties, and the relief
requested by Plaintiff. UCA 30-3-4. VERMONT
Either party may commence an action for divorce by filing a Complaint for Divorce
with the Clerk of Superior Court, Family Court Division, in the county where either party
resides. The Plaintiff�s attorney then prepares a Summons. The Summons and
Complaint must be served on the Defendant. The Complaint shall state the factual basis
of the claim and shall be signed and sworn to by the Plaintiff. A statistical form issued by
the Commissioner of Health must be attached to the Complaint. The Complaint shall
state whether any other divorce, annulment, abuse prevention complaint, or separate
support proceedings have been brought previously by either party against the other and
whether any issues have been issued in such proceedings. If any such orders have
been issued, they shall be attached to the Complaint. If custody of a child, including
visitation rights, is an issue in the case, then the Complaint or a supporting affidavit shall
contain the information required by the uniform child custody jurisdiction act - the names
and birth dates of the children, the addresses where the children have resided during the
last five years, the names and current addresses of persons with whom the children
have resided during the last five years, whether the Plaintiff has been a participant in or
knows of any other custody proceeding involving the children, and the names and
addresses of any person claiming rights to custody or visitation with the children. If
either party is a recipient of public assistance from the State of Vermont, the Complaint
shall state that fact and then a copy of the Summons and Complaint shall be served
upon the Office of Child Support by certified mail. The Complaint should also describe
the income and assets of the parties, and summarize the relief requested by the Plaintiff. If either party is, or may be, obligated to pay child support to the other party or to
the Office of Child Support, then Vermont rules require a child support hearing to be
scheduled after the Complaint has been filed but before the Complaint is served on the
Defendant. The family court clerk shall complete a notice of hearing and shall attempt to
schedule the hearing so that it is held from 15 to 30 days after the Summons and
Complaint are filed. After a hearing has been scheduled, the clerk or the Plaintiff�s
attorney shall provide for prompt service upon the Defendant. The Summons and
Complaint may be served on the Defendant by personally serving the Defendant or by
mailing them to the Defendant by certified mail, return receipt requested. If certified mail
is refused by the Defendant, the clerk may serve the notice of the hearing, the Summons
and the Complaint, by mailing them to the Defendant by ordinary first class mail.
15 VSA Section 593 and Rule 4(b), Vermont Rules for Family Proceedings.
VIRGINIA
A divorce action is commenced in Virginia by either spouse filing a Bill of
Complaint with the Clerk of Circuit Court. The Virginia legislature has experimented with
creating a separate Family Court. Effective July 1, 1996, a divorce Complaint will be filed
with the clerk of Family Court, unless the legislature does not approve sufficient funds.
Until that date, a Complaint should be filed with the Clerk of Circuit Court. The clerk
issues a Subpoena in Chancery (like a Summons) which is notice to the Defendant that
the divorce suit has been commenced and that Defendant must answer the Complaint or
be in default. The Bill of Complaint and the Subpoena in Chancery must be served on
the Defendant. The Complaint must allege the names and addresses of the parties, that
one of the parties has been a resident of Virginia for at least six months prior to the filing
of the Complaint, the grounds for the divorce, names and addresses of children, whether
Plaintiff has been a participant in or is aware of any other custody proceeding involving
the children in Virginia or in any other state, whether any other person not a party to the
proceedings has claims to custody or visitation rights, a description of the income and
assets of the parties, and a summary of the relief requested by Plaintiff. Whenever child
support is an issue in the case, the Complaint should also state whether the Virginia
Division of Child Support Enforcement is involved in the case. The Plaintiff should also
identify, by attaching a copy to the Complaint, any existing court order for child support
for any person involved in the case. The Plaintiff should also identify whether either or
both parents hold any license, certificate, registration, or other authorization to engage in
a profession, trade, business, or occupation, issued by the state.
CV �20-99; Rule 8:3(c), Rules of Supreme Court of Virginia. WASHINGTON
A dissolution action is commenced by one spouse filing a Petition for Dissolution
with the Clerk of Superior Court. The clerk then issues a Summons. The Summons and
Petition are served personally on the Respondent. The Petition must allege the
following: 1) last known residence of each party; 2) date and place of the marriage; 3)
date on which the parties separated; 4) names, ages and addresses of children and
whether the wife is pregnant; 5) any arrangements made by the parties as to custody
and support of children and maintenance of a spouse; 6) a statement specifying whether
there is community or separate property, owned by the parties, to be disposed of; and 7)
the relief requested by Petitioner. The Petitioner is also required to complete and file a
certificate at the same time as the Petition, pursuant to RCW 70.58.20, on the form
provided by the Washington Department of Health. RCW �26.09.020. WEST VIRGINIA
A divorce action in West Virginia is commenced by one spouse filing a Complaint
for divorce with the Clerk of Circuit Court. At the time of filing the Complaint, the Plaintiff
must also file three copies of the Civil Case Information Statement, in the form required
by the Rules of Procedure, and available from the clerk of Circuit Court. At the same
time the Plaintiff files the Complaint, the Plaintiff must also file an Application for
Services pursuant to Title IV-D of the Social Security Act. The complaint must be verified
by the Plaintiff to be true and correct. The Complaint shall allege the name and address
of both parties, that the Plaintiff has been a resident of West Virginia for at least one
year prior to the filing of the Complaint, the grounds for the divorce, the name and
birth dates of children, that Plaintiff has not been a party to and is unaware of any other
custody proceeding involving the children in any other court in West Virginia or in any
other state, a description of the income and assets of the parties, and a summary of the
relief requested by Plaintiff.
WV Code �48-2-4, 48-2-7, 48-2-8, and 48-2-10; and Rule 3, West Virginia Rules
of Civil Procedure; and Rule 8, Rules of Practice for Family Law. WISCONSIN
A person starts a divorce action by serving a Summons and Complaint or Petition
on the other spouse. A Summons is a document notifying the other person that they are
being sued and that they must file a response with the court within a certain time or they
will lose the case by default. The Complaint, often called a Petition in a divorce case, is
the first document initiating a lawsuit. The laws of each state specify what information
must be contained in the Petition. The Petition concludes with a "prayer for relief," which
is a request that the court grant specific relief, for example, a divorce, custody of
children, a fair division of property, etc. In Wisconsin, the person who initiates a dissolution of marriage is called the
Petitioner and the other person is called the Respondent. In Wisconsin, the Petition
must contain the following information: 1) the name and birth date of the parties, the
social security number of the husband and wife and their occupations, the date and
place of marriage and the facts relating to the residence of both parties; 2) the name and
birth date of each minor child and each other child born to the wife during the marriage,
and whether the wife is pregnant; 3) that the marriage is irretrievably broken, or in the
alternative, that both parties agree that the marriage is irretrievably broken; 4) whether or
not an action for divorce or legal separation by either of the parties was or has been, at
any time, commenced or is pending in any other court in this state or elsewhere; 5)
whether the parties have entered into any written agreements as to support, custody,
maintenance, and property division, and if so, the written agreement shall be attached; 6)
the relief requested; 7) whenever the Petitioner requests an Order or judgment affecting
a minor child, then the Petition must state that the Petitioner requests the Department of
Health and Social Services to provide services on behalf of the minor child; 8) that during
the Pendency of the action, the parties are prohibited from, and may be held in contempt
of court for, harassing, intimidating, physically abusing or imposing any restraint on the
personal liberty of the other party or a minor child of either party; 9) that during the
Pendency of the action, the parties are prohibited from, and may be held in contempt of
court for, encumbering, concealing, or otherwise disposing of property owned by either
or both of the parties, except in the usual course of business or in order to pay
reasonable costs and expenses of the action, including attorney fees; and 10) that
during the pendency of the action, the parties are prohibited from, and may be held in
contempt of court for, doing any of the following without the consent of the other party or
an Order of the court: 1) establishing a residence with a minor child of the parties�
outside the state or more than 150 miles from the residence of the other party within the
state; 2) removing a minor child of the parties� from the state for more than 90
consecutive days and concealing a minor child from the other party. The Petitioner or his
attorney shall sign the Petition. Wis. Stat. �767.085.
WYOMING
In Wyoming, a party commences a divorce action by filing a Complaint for
Divorce with the Clerk of District Court in the county where either party resides. The
Plaintiff also prepares a Summons and delivers it to the clerk. The clerk issues the
Summons. The Summons and Complaint must then be served personally on the
Defendant. The Complaint must state the following information: Plaintiff has resided in
the state of Wyoming for at least 60 days prior to filing the Complaint, county in which
Plaintiff is a resident, date and place of marriage, the grounds for the divorce, name and
birth date for all children, description of real estate and personal property, description of
occupation and incomes of both parties, and the relief requested by the Plaintiff.
W.S. 20-2-104 and 20-2-107. |
