When you are leaning towards getting divorced, the only way to initiate it is by filing the paperwork with a lawyer. This paperwork begins with something called a divorce petition. Once you file it, the next step is making sure it is served to your spouse. Here are several important things to know about the process of filing and serving the divorce petition.
Filing the Papers Initiate the Proceedings
The first thing to know is that the divorce petition you file is basically a court document that states that you wish to begin the process of a divorce with your spouse. Either spouse can initiate this process, but some people believe there are benefits to being the spouse that initiates it. When you file the paperwork, you will have to meet with a divorce lawyer to fill it out. The lawyer will then take the documents to the court to file them. When this occurs, the court will set up a court date for the initial hearing of the divorce.
There Are Different Ways to Serve the Papers
Secondly, in order for the divorce process to actually start, the papers must be delivered to your spouse. If they are not, your spouse will have no idea that you filed them unless you tell him or her, but just telling your spouse is not enough. Your spouse will need a copy of the petition, and there are several ways to get the papers to your spouse. It is important to know that every state has different rules and options for this, though.
One option is to deliver them yourself, and this is a good option if you are not concerned with how your spouse will react. You might also be able to have a sheriff deliver the papers, or some counties use a courier type of service to deliver them. You might also have the option of delivering them through the mail.
Filing the Petition Does Not Obligate You to Get Divorced
Finally, it is always important to know that filing the divorce papers does not obligate you to get divorced. In other words, you can still change your mind after this. If you begin the process of a divorce and end up reconciling with your spouse, all it will take is a call to your divorce lawyer to cancel the process.
If you would like to learn more about the petition or other divorce-related issues, talk to a local divorce lawyer or visit a website like http://gomezmaylaw.com/.