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.
You'll get divorce forms one of three ways.
1. Through a lawyer you might hire as part of that lawyer's representation of you. You'll get plenty of help at the going legal rate.
2. Picking them up at your local court house. Forms offered there are often free (if you don't count the hassle of driving there, parking costs, time and effort). If you go, make sure you request a complete packet because you won't know what forms you'll need until you read through them. Most county clerk's offices are reluctant to provide much help as some types of assistance could be construed as legal advice.
Below are forms commonly required by most states. They may have slightly different names in your state than what you see below, but you’ll recognize them:
3. 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. These forms are offered for all 50 states at the above link.
You’ll have your spouse served (you can’t serve your spouse yourself in most 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 documents similar to these: Complaint, Appearance, Decree, Settlement Agreement, Statement, and when necessary 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.