The divorce process can be extremely stressful, expensive, and full of conflict. However, what if you and your ex agree on all of the major issues? Is there a way to bypass the time and expense of a fully litigated divorce proceeding?
Most divorces involve the resolution of one or more of the following issues: property division, spousal support, child custody, and/or child support. If you and your ex can come to a written agreement on all or most of these issues, you may be able to file a joint divorce petition. The joint divorce petition details the agreement you and your ex have reached, and shows the court that it does not need to determine these issues for you. Below you will find a sample joint divorce petition.
[Caption, Introduction, see Captions, Prayers, Etc.]
We, ________[name], Spouse 1, and ________[name], Spouse 2, make the following statements:
1. We both are requesting a dissolution of our marriage.
2. Spouse 1 is a resident of County of ________, State of ________, and has been a resident since ________[Date]. Spouse 2 is a resident of ________ County, State of ________, and has been a resident since ________[Date].
3. We were married to each other on ________[date] in the City of ________, County of ________, State or Country of ________.
4. Our marriage is ________[irretrievably broken or has serious, permanent differences or as statutorily authorized].
5. Together, we have no minor or dependent children and neither Spouse is pregnant.
6. We have made a marital settlement agreement dividing our property and our bills. We are satisfied with this agreement. The attached agreement was signed freely and voluntarily by each of us, and we intend to be bound by it.
7. [If required: We have each filled out and signed financial statements that are attached to this petition.]
8. [If applicable:Â ________[name] wants to have their former name restored to ________].
9. We each certify that we have not been threatened or pressured into signing this request. We each understand that the result of signing this request may be a final dissolution of our marriage with no further relief.
10. We each understand that we are both required to appear before the judge to testify to the matters contained in this request.
11. We understand that we each may have legal rights against each other arising out of the marriage and that by signing this request we may be giving up those rights.
12. Neither of us is a member of the military.
13. We ask the court to dissolve our marriage and enforce the marital settlement agreement.
[Signature, Verification, see Captions, Prayers, Etc.]
Note that this is only a sample petition. Each state (and courts within each state) has its own requirements regarding the content, format, and formalities of a joint divorce petition. Therefore, you should always refer to the state laws and rules for the court in which you will be filing your petition. For more general information, feel free to check out FindLaw's section on divorce.
Talk to an Attorney About Joint Divorce Petitions
After reading this, you will likely have more specific questions and will want to learn more about the laws governing joint divorce petitions in your state or county. A good way to have your inquiries answered is by contacting a divorce attorney in your area. A divorce attorney can explain how a joint petition works in the real world, and help you figure out if it's right for your situation.
