Although the clerk of the court in the county where you live likely maintains a standard form petition for dissolution of marriage, you can prepare your own document if you desire, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Even though you lack legal training, keep in mind that a judge will hold you to essentially the same standard as a lawyer in regard to your petition. If you fail to draft the petition in accordance with your state's laws, your divorce case will not start or will be dismissed.
Step 1
Place your name and contact information at the top right hand corner of the first page.
Jane Doe
Petitioner
123 Meadowlark Road
Anytown, Anystate 88899
555-555-5555
Step 2
Insert a caption on the case following your name and contact information. The caption goes on the left hand side of the page.
Jane Doe,
Petitioner
vs.
Howard Doe,
Respondent
Step 3
Title the case. The title follows the caption and is centered on the page, typically in bold print:
Petition for Dissolution of Marriage
Step 4
Set out the grounds on which you seek to divorce. For example, advise the court that you and your spouse experienced irreconcilable differences and no longer can live together as husband and wife.
Step 5
State that you desire the court to enter an order dissolving the marriage.
Step 6
Add a request that the court divide the assets and debts accumulated during your marriage in accordance with the laws of your state. If you desire to have a specific property item set aside to you, note that in the petition at this juncture.
Step 7
Request custody of your children, if you have any and that is your objective.
Step 8
Include a catchall phrase to the effect of:
Petitioner requests such additional relief as the court deems just and equitable.
Step 9
Insert a verification, which is a statement that establishes you read the petition and that the information you provided is true and correct:
The undersigned hereby verifies, on her oath, that the above and foregoing is true and correct to the best of her knowledge and belief.
Step 10
Add a signature line.
Step 11
Insert a notary clause and a place for a notary public to sign:
Subscribed and sworn to before me on this _____ day of _____, 20_____.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
