What to Include In Your Filing

When deciding how specific you want to be in your petition, ask yourself if your spouse is likely to agree with each and every aspect of what you would like. In the event that the two of you agree on everything, consider filing a very specific petition outlining all of the details of how you would like custody, property division, child support, spousal maintenance and any miscellaneous issues addressed. If you agree on everything, filing a comprehensive petition (with separate parenting plan and child support worksheet) allows the two of you the option to proceed via default. This allows the other person to bypass filing a response (and paying the filing fee for the response).

In the event you and your spouse are not likely to agree on every aspect of the divorce, consider filing a more vague petition with requests such as “child support pursuant to the guidelines” or requesting “an equitable distribution of property and debt”. This allows you to take full advantage of the discovery process without committing yourself to a position that may change.

Contributing Attorney Writer: Billie Tarascio litigates family law and domestic violence cases at Modern Law.