In most of the states of US except New York a divorce is called dissolution of marriage. As marriage is a legal contract you can dissolve it legally via divorce. To get divorced legally, a couple will need a court order and must follow all the local rules and regulations while filing for a divorce.
What papers are required in a divorce case?
For a divorce case, you need several types of papers such as Marital Separation Agreement, a divorce petition and a decree. Along with these papers, you may also need some other types of papers depending upon the rules and regulations that are applicable in the state where you are residing. All the papers that are required to start a divorce process are known as divorce papers. These documents are very important as you will require them through out the whole legal proceeding.
Importance of such papers:
The court does not know you or your spouse and it is only the papers submitted by you in the court that give details about your case to the judge who will be handling your divorce case. You simply cannot walk into a courtroom and ask the judge to hear your petition and give the order of your divorce. So, you need some papers to submit that the judge can go through and pass an order.
The paperworks that you need for your divorce deal with various elements of a divorce process like tax information, property details, spousal or child support alimony, child custody and so on. As each US State has its own rules and regulations regarding divorce laws, it is important for any person involved in a divorce to be aware of the applicable divorce laws to his/her particular situation. This aspect is particularly important for divorce paperwork point. Once you know the divorce laws of your state you will have a clear picture of the forms and applications and the relevant papers that will be needed for the procedures in your particular circumstance.
If there are certain divorce papers not available online, various sites will often list the various forms and their appropriate form numbers so as to be able to obtain the exact divorce paperwork from the local courts.
From where can I get these papers?
It is very easy to get divorce papers, but the best option is to get it from your attorney. If you are hiring an attorney for your divorce case, you don’t have to worry much as your attorney will take care of all the legal issues.
However, if you don’t want to hire an attorney and wish to represent yourself in the court, then you can get the papers online. The divorce papers available online are generic forms. Just fill the form and you can file your divorce petition in the court. You can get the forms for FREE or you may have to pay a minimal amount to purchase them.
Next you can look for some expert who can give you the papers and also guide you in filling them correctly and submitting them in the court. Such online divorce providers will create your divorce papers for you. All you would need to do is provide some information about your marriage and assets.
Online divorce papers are the best options for couples who are filing an uncontested divorce. This is a kind of divorce where there are no major disputes that need to be settled by the court. In case your divorce case needs to settle complex alimony and child custody situations, then getting the papers online is not a good idea.
It is up to you whether you want to handle all the legal papers related to your divorce on your own or want to do the same under the guidance of an experienced attorney.
What to do next?
Once all divorce papers are obtained, the next step will be to fill them out. This will prove to take some time and the length of time it will take will depend on the nature of the divorce and factors that can add to its complexity, such as child custody. It is important to carefully review the instructions before filling out these forms. There will be specific information required, such as value of assets and debt information. Here you need to submit papers pertaining to each partner’s income and tax information. All the information mentioned in the petition and other documents should be correct and current. You must keep this in mind as mistakes on divorce forms can make the case complicated and for this you may also be penalized by the court.
Once all forms are completed in full, they must be signed and notarized. Copies should be made of all completed forms in order to have on them record. Divorce paperwork is then to be submitted to the local county clerk’s office, which will usually incur a fee that varies from state to state.
How to serve papers of your divorce case?
The papers related to your divorce case will play a big role in the overall legal proceeding. Hence, the papers must be properly served in order for a court to entertain the case. You need to be aware of the local court rules regarding who can serve the legal papers, what exactly must be served. The jurisdictions of each US States have their own rules and regulations. However, in most of the US States, either a husband or a wife can serve the divorce papers in the court personally. In some jurisdictions, there are provisions for service by post, e-mail and even publication too. Before deciding to file a divorce petition in the court you must be fully sure as this is what you want.
In some of the US States, all the necessary information regarding the rules and regulations for filing a divorce case are available. The information are available online or in hard copy at the courthouse from where you are suppose to file the divorce petition. So, you can always ask for a copy of the rules and regulations from the courthouse when planning to file a divorce petition.
As each US State has its own divorce laws you need to be aware of the laws and follow them properly throughout the proceedings in order to get the divorce without any hassle.
For a sample of divorce petition, click here.
For a sample of divorce form for the state of Iowa, click here.
For a sample of divorce petition form for the state of New Hampshire, click here.
For a complete list of divorce forms for the state the state of Nebraska, click here.