Most Common Errors When Filing Petition For Divorce

Filing for divorce can be a complex and emotionally charged process. Many people make mistakes on their initial divorce petition, which can lead to delays, additional costs, or complications in their case. Drawing from extensive experience helping clients navigate divorce paperwork, I want to highlight the most common errors made on the divorce petition form, FL-100, and explain why these mistakes happen and how to avoid them.

Understanding Form FL-100: The Petition for Dissolution of Marriage

The petition for dissolution of marriage, known as Form FL-100, is the foundational document when initiating a divorce. This form sets the stage for the entire divorce process by outlining key information about the spouses, the marriage, and the relief requested from the court.

Because this form is so critical, errors on it can cause significant setbacks. Many people file this form without fully understanding the requirements or without professional guidance, which is why we often see recurring mistakes.

Common Errors Made on the Petition for Divorce

1. Incomplete or Incorrect Personal Information

One of the most frequent mistakes is failing to provide accurate or complete personal details. This includes incorrect names, addresses, or dates, which can cause confusion or even dismissal of the petition. It’s important to double-check all personal data before submitting.

2. Omitting Important Dates

Dates such as the date of marriage, separation date, or residency dates must be clearly stated. Omitting or misstating these dates can delay proceedings or affect the court’s jurisdiction over the case.

3. Not Clearly Specifying the Requested Relief

The petition must clearly outline what you are asking the court to grant, such as custody arrangements, property division, spousal support, or child support. Vague or incomplete requests can lead to confusion and require amendments later on.

4. Failing to Sign and Date the Petition

It might seem obvious, but many petitions are rejected because they lack the petitioner’s signature or date. This simple oversight can result in the court refusing to accept the filing.

Why These Errors Occur

Many individuals attempt to complete Form FL-100 on their own without legal advice, which increases the risk of errors. The form contains detailed instructions, but without experience, it can be overwhelming to navigate. Additionally, emotions involved in divorce can cause people to rush or overlook details.

Hiring legal assistance or consulting with professionals who understand the nuances of divorce paperwork can drastically reduce these errors and streamline the process.

Tips for Avoiding Common Petition Errors

• Carefully read all instructions: Take your time to understand what each section of the form requires.
• Double-check all information: Review names, dates, and addresses multiple times before submitting.
• Be specific in your requests: Clearly state what you want the court to order regarding custody, support, and property.
• Sign and date the document: Ensure the petition is properly signed and dated to avoid rejection.
• Consider professional assistance: Consulting with a family law professional can help you avoid pitfalls and reduce stress.

Conclusion

Filing a divorce petition is a critical step that requires attention to detail and careful preparation. By understanding the most common errors made on Form FL-100 and why they happen, you can avoid unnecessary delays and complications in your divorce case. Take the time to complete the petition accurately or seek expert help to ensure your case proceeds smoothly.

Remember, the petition sets the foundation for your divorce proceedings, so getting it right from the start is essential.