2015-07-21
287
by Joseph Warren Kniskern
Phase 1: The Complaint and Summons
A divorce action begins with one spouse filing a complaint for divorce or petition for dissolution of marriage with a state court that can make decisions for both spouses (that is, the court that has "jurisdiction" over the case). A complaint is a legal paper (called a "pleading") that describes the facts and grounds for seeking a divorce and asks the court for certain relief. The plaintiff or petitioner spouse files the complaint, while the other is the defendant or respondent spouse.
The court issues a summons after filing the complaint. The summons, with a copy of the complaint attached, commands the defendant spouse to file a legal response to the complaint within a specific time (usually twenty to thirty days after receipt of the summons).
What does receiving a summons and complaint mean? It could mean you have a contested divorce. What is the difference between a contested and uncontested divorce? If there are any issues not agreed upon by both spouses, a contested divorce exists. The plaintiff asks the court to decide these matters. Since the lawyers and the court have to review many facts and the law on all disputed issues, contested divorces are obviously much more expensive and time-consuming. Uncontested divorces, where the spouses resolve all the issues and merely seek approval from the judge, are much quicker and more economical.
Does it matter which spouse files for divorce first? From a biblical standpoint, no Christian should file for divorce unless there are scriptural reasons for doing so. From a legal standpoint, it does not make much difference who files first in most states, other than receiving any psychological satisfaction by moving to end a dead marriage. However, if one spouse needs immediate support, wants child custody, or desires possession of the home, a quick filing helps secure temporary court relief sooner. This settles any disputes about these issues while the divorce continues.
