Why You Should Have an Attorney File Your Divorce Petition on Your Behalf

When you file for divorce, you are required to provide the court with certain information. For example, you must give the court the legal authority to actually process your case.

A divorce petition — occasionally also referred to as a divorce complaint — allows you to present certain facts that indicate you meet all jurisdictional requirements for the divorce. These conditions vary depending on the state in which you live.

If you have somehow made a mistake regarding the requirements for filing the divorce petition, a court will instantly dismiss it. Your case could also be dismissed if you fail to include any required item in the petition.

That’s not the only way you could make your case more difficult on yourself by improperly filing the petition. You must inform the court on what you are seeking in your divorce. If you do not understand the divorce laws in New York, you could accidentally leave out requests for benefits to which you are legally entitled, which means you will not get that benefit once the divorce is finalized.

Importance of properly filing the petition

For your divorce proceedings to begin, you must serve your spouse with a copy of the petition. However, you are not allowed to mail it. Instead, you may have a police officer or process server deliver the petition in person. This individual will also deliver what’s called a “summons,” which notifies your spouse of the due date by which he or she needs to respond.

Divorce attorneys are well-versed on all of the requirements associated with divorce petitions and how to properly file and serve them. To learn more, consult a respected divorce attorney at Bryan L. Salamone & Associates.