Divorce Papers and Forms
In life, there are at least three things that are certain. Death, taxes and divorce forms.
No matter which road you travel toward a divorce, you’ll need to present papers in good order to the court that is hearing your case. If your case requires the assistance of a Family law attorney, he or she (or a paralegal) will interview you to ascertain the answers that must appear on the forms. As you might imagine, this exercise ain’t cheap.
If you’re doing your divorce without legal counsel, the process isn’t that difficult. To reduce your overall expenses, you can travel to your local court house (call them first to be sure where to go). If traffic, parking costs, time and effort are okay with you, by all means go pick up your forms. Be certain to get a full set of forms, as you won’t know for sure which ones you won’t need until you review them all. The only negative we find with getting free forms (when you can find them) is that there’s rarely anyone available should you have questions.
Looking for a legal forms? Another option would be to buy them on-line and download them to your computer. Divorce papers and forms are all over the internet at various prices. We suggest you get combo package divorce forms to be sure you have what you need. Combo packages can run $40 -$100 or more.
When getting divorce forms on-line, be sure to get State-specific combo packages, as your State or locality may have its own set of requirements.
Once you’ve obtained the forms, call the county clerk’s office (your local court house) and ask them which forms are required to file for a dissolution (divorce). Most people there are willing to guide you on what you need completed. Ask them how much the filing fee is while you’re on the phone. Make a copy of each form before you start (in case you make a mistake).
You’ll likely need the following forms completed. They may have slightly different names than what you see below, but you’ll recognize them:
- Complaint for Divorce
- Appearance, Consent, and Waiver form
- Decree of Divorce
- Marital Settlement Agreement (this may include a Parenting Plan) Financial statement
- Certificate of Divorce
You’ll have your spouse served (you can’t serve your spouse yourself in some states – ask the court clerk what process servers you can choose from). If the divorce is uncontested, have your spouse sign the Appearance, Consent, and Waiver. You must furnish to your spouse a copy of the dissolution complaint you are filing papers with the court.
Go to the Clerk of the Court and pay the filing fee for divorce and file the following documents: Complaint, Appearance, Decree, Settlement Agreement, Statement, and Certificate of Divorce. A hearing will be scheduled and you will be notified of the date. The settlement agreement must include a parenting plan if you have minor children . You MUST both appear at that hearing. The judge will confirm with you your intent to divorce at that hearing.
The court will mail the final decree to you. Voila, you are single! :-) Once the dust settles, let us know how you made out.
If after all this, the process feels like more than you can handle right now and you might consider legal advice. We can recommend a FREE Find a Divorce Lawyer service. Click on the banner below.
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