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Dissolution of Marriage: What is it and How Do I Get Papers Served?

  • August 18, 2011
  • by ServeNow Staff

dissolution of marriage

If you have made the decision to dissolve your marriage, it is important to familiarize yourself with the legal terms, definitions, and requirements involved. This article explains the legal processes, the paperwork you need to get started, and how a process server can help you through this emotional time.

What is a dissolution of marriage?

A dissolution of marriage, commonly known as a divorce, is the legal action of permanently ending a marriage. A dissolution of marriage usually involves a no-fault divorce, where neither party chooses to assign blame, or an at-fault divorce, when issues including infidelity, abuse, and abandonment are involved. Other types of divorce include an uncontested divorce, collaborative divorce, or mediated divorce.

What does a dissolution of marriage entail?

Though one or both spouses choosing to seek a dissolution of marriage initiates the process, legally it does not begin until the proper paperwork has been served. This paperwork, known as a dissolution of marriage or divorce petition, is a collection of documents and paperwork that outlines the marriage, states the reason a divorce is being sought, and also defines what is being asked for in the ending of the marriage.  

This initial collection of paperwork usually includes birth certificates, marriage licenses, financial statements and registrations. If any children are involved, a petition will also include temporary court orders and requests detailing the custody of the child and any support to be paid. In some cases, other court orders will dictate who is to reside in the primary residence and outline any financial payments or concerns.

Once the petition has been served it will depend on the nature and type of divorce how the process will proceed. Depending on how cooperative and agreeable the involved parties are, mediation or legal representation may be required, and when children, debts, or assets are involved the process can become more complicated.  

Why do you need to get divorce papers served?

Because a dissolution of marriage petition is a legal document and the beginning of a legal process, you are required to notify your spouse that you have initiated the divorce process by having the petition served. All relatives, children, and the person filing for divorce are prohibited from serving the petition, so it is best to turn to a professional process server to handle your paperwork.

Why do you need a process server?

As a result of legal requirements for service of process that vary from state to state, options for serving a divorce petition are very limited. Initiating a dissolution of marriage can be an emotional time filled with conflict, and professional process servers have experience serving sensitive documents which results in a quick delivery with proper documentation to the court.  

To learn more, read our article on why and how to get divorce papers served.

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