Divorce Guide

Divorce Guide

Basic paperwork for most diy divorce cases

While you are handling your own divorce it becomes quintessential to have complete information regarding the documents and paperwork involved. Extensive paperwork is involved in getting divorced, depending on type and complexity of your divorce. There are specific guidelines and deadlines to follow while doing the paperwork. The basic papers required are:

Summons and Petition: To start the DIY divorce procedure you need to record an original request for separation and divorce, which must be filed and hence begins the petition with regard to divorce. The person filing the divorce is referred as petitioner. Generally, Petitions are available from the clerk of court and also online. You can look for family law forms, domestic relations forms and download them. You at least need the summons/complaint and the petition forms to file the action against your spouse in a DIY divorce. Some rules and regulations are required to be obeyed before presenting the paperwork.

Motions and Court orders: Court issues orders in response to your complaint. If your spouse has any disagreement he/she can request the judge for considering his/her side. A motion is the document asking the judge to reconsider an issue in a case.

Final Divorce orders: The official divorce document, which records the judgment of the judge after which your divorce is considered final.

Tips and warning:

Complete the heading of the forms. Fill the jurisdictional information in the forms carefully. Jurisdictional information contains country, state and district name. Also, put the full names of both the parties i.e. petitioner and the defendant, in the respective places in the heading. The case number and division are to be filled in by the clerk’s office when you submit your case, which are later used as future reference. Carefully read the instructions and fill rest of the form. All the forms require specific facts about marriage and should be filled out accordingly.

If you have agreed upon all the things with your spouse i.e. uncontested divorce, then things can be much simpler. But while filing a petition in case a contested divorce, make sure to ask for primary custody of child (if any), alimony, equitable distribution of assets and housing and anything else you want. You need to be sure for what you want because you cannot change your mind and ask for it later unless court permits you for an amended petition. Remember to fill settlement agreement forms together and make sure each item you agree on is in the agreement. You can agree to give up some things during the trial, but you cannot demand things that you did not initially ask for.

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