For anyone new to the divorce process, there are legal terms (and more legal terms!) that can be confusing and overwhelming. Here are a few to help make the process a little clearer, whether it’s for yourself, or a friend or relative.

Summons – The summons is used to begin the divorce action. It must be personally served on the respondent. If the respondent cannot be located, the action is started by publishing the summons in the local newspaper.

Petition – The petition sets forth many statistical facts about the marriage and the parties and also states that the marriage is irretrievably broken (divorce) or that the marital relationship is broken (legal separation.) The petition is served with the summons.

Response. – The respondent may deny that the marriage is irretrievably broken or that the marital relationship is broken. Normally this must be done within 20 days after the petition is served.

Counterclaim – The respondent may claim that he or she has grounds for divorce that he or she wishes the court to consider. The counterclaim is identical to the petition except that it is filed by the respondent against the petitioner.

Affidavit – An affidavit is a statement of facts made voluntarily before a person authorized to administer the oath or affirmation (usually a notary public) and submitted to the court in support of a motion or order. 

Motion/Order to Show Cause – This is a written request that the court make an order. A hearing will be held to determine whether or not the motion should be granted. It is most often used shortly after the divorce action is commenced for the purpose of obtaining a temporary order regarding custody, placement, support, and other matters. It may also be used to obtain a change in a previous court order or judgement or to commence contempt proceedings for failure to abide by previous orders.

As always, for individual advice regarding your specific legal situation, please contact us directly at LaRowe Gerlach Taggart LLP, Reedsburg, at 608-524-8231 or see our website for more information.