The Petition for Dissolution of Marriage is usually the first pleading you file with the court to start the dissolution of marriage process.
The Petition for Dissolution of Marriage is a simple pleading that provides the court with statistical information concerning the parties and their marriage, including information of any children of the marriage. The petition should be filed with the Domestic Relations Case Information Sheet
Although the petition is straightforward and easy to complete, there are a few important requests that should be included in this pleading, or in the response if not requested by the filing party in the petition, if you want the court to address specific issues.
One of the more important allegations to convey is that the marriage is irretrievably broken. Also, if you are the responding party and you do not agree that the marriage is irretrievably broken, then you should raise this objection in your response. However, at the end of the day, if one party pursues the case and insists that the marriage is irretrievably broken, then the court will make that finding and issue a Decree of Dissolution of Marriage.
Also, if a party seeks spousal maintenance, the modern term for alimony, then the party should state that request in the petition, or in the response if the responding party seeks an award of spousal maintenance.
If a party seeks an award of attorney’s fees and costs be paid by the other party, then this request should also be contained in the petition or response.
While the petition is the pleading that starts your case, it is relatively simple and basic. To move your case forward, the filing of other more important motions and requests independent of the petition will likely be necessary. Going through each and every possible motion in a divorce case is beyond the focus of this website, but our Denver Divorce Attorney Team is ready to speak with you to discuss your unique needs for your specific case. To schedule a free initial consultation, click here.
To download the Petition for Dissolution of Marriage form used on the state judicial website, click the following link:
To download the Domestic Relations Case Information Sheet form used on the state judicial website, click the following link: