What’s a joint petition?

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Joint motions are filed by two or more parties to request legal settlements, such as divorce, child custody, bankruptcy, and foreign national marriage cases. Joint petitions for divorce can be filed by married couples, even if they haven’t agreed on issues. Joint petitions for child custody are cost-effective and often approved by courts. Joint bankruptcy filing is for couples with significant financial problems. Joint petition waiver is a voluntary agreement to waive the right to file a joint petition, such as in foreign national marriage cases.

A joint motion is a document filed by two or more parties who wish to jointly file a claim with the court. Often the requesting parties are a married couple. These types of petitions are usually used to ask the court to approve some type of legal settlement, such as granting a divorce. In addition to divorce cases, joint motions are commonly used in child custody proceedings, bankruptcy cases, and foreign national marriage cases.

Also called a joint petition for dissolution of marriage or summary dissolution, a joint petition for divorce can be filed by two married spouses. In the petition, the couple simply ask the court to approve the dissolution of their marriage. In some jurisdictions, a couple may choose to petition jointly, even if they have not reached an agreement on issues such as property division, child support, or child custody. By filing the petition, the couple can avoid paying the fees associated with serving divorce papers.

Joint petitions are sometimes used in child custody cases. When unmarried parents make a decision about which parent their children should live in, for example, they can petition together asking the court to approve the agreed settlement. These petitions can be beneficial for a couple of reasons. In general, they offer a cost-effective way to change custody arrangements because the parties have already agreed on the outcome beforehand. Additionally, courts often defer to these petitions and usually approve the request with little challenge.

A joint bankruptcy filing typically refers to a bankruptcy filing filed by two spouses. Usually, this petition is filed because the couple has developed significant financial problems. If the request is accepted, the court can supervise the repayment of the couple’s outstanding debts. Alternatively, the court may agree to cancel the couple’s debts, an outcome that will likely make it difficult for the couple to get credit down the road.

A joint petition waiver is a document in which the parties voluntarily agree to waive their right to file this type of petition in a case. In some jurisdictions, for example, when a foreign national marries a national, the foreign national receives conditional permanent residency status. After a period of time, the foreigner and the citizen are required to file a joint application to remove the conditions on the permanent residence status. However, one of the spouses can waive this right if certain conditions are met. For example, if the marriage ended in divorce or if there was abuse in the relationship, either spouse can ask for a waiver of the joint petition requirement.




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