Divorce Guide

Divorce Guide

Prepare court forms for a DIY divorce

The court forms required in a DIY divorce varies from place to place so; first step in drafting forms and papers for the divorce is to identify the state in which you are filing the divorce. The forms can be downloaded from online links of official judicial sites or other online sites or you may also get the blank forms by visiting the local court clerk’s office. Forms have legal language and spaces are provided where you can fill personal details of yourself and your spouse. The basic court forms required are:

Petition and supporting documents for divorce: It is a simple form to get the divorce started. It allows you to explain the grounds for divorce, to put forward your terms regarding things like assets, alimony, child support and custody. It is the most time consuming, because document includes details of marriage property, assets, income, bank statements, debt records, retirement or insurance plans, investment plans etc. Then, you need to file the petition in the court. The person who files the petition is the petitioner and against whom the petition is filed is called the respondent.

Summons: It is an important document which directs court official to notify the other party that you have filed the complaint, starting your divorce.

Financial Affidavit: You and your spouse both are required to fill their financial statements, total assets, banking records, debts (if any).

An Appearance form: is required to be filled by your spouse so that he/she may respond to the complaint, receive notices from the court, and future trial dates.

Answer/ Cross Complaint: If you are served with the divorce and if you do not agree on all the terms, then you must prepare a document against the filed complaint laying out what you want. You must response to the court on time.

Marriage Settlement Agreement: It is the standard form obtainable from the court. Court provides you and your spouse time to settle over the issues. You and your spouse must sit together reach a mutual agreement. Otherwise court will handle all the division of assets, child custody and other issues lawfully in the courtroom.

Motion of orders: If the respondent has any disagreement with terms and conditions filed in the complaint, then he/she can file motion of orders before the final court orders.

Application for waiver of fees: You can fill this form if you cannot afford the court fees. It asks the details of your income and expenses. Do not sign the form until you are in front of court clerk. Your application is passed to the judge and he reviews it and decides whether or not to grant it.

Above listed forms are those quintessential documents are required in a DIY divorce. Besides these papers depending on your case complexity or conditions you may require to fill some affidavits or other necessary documents like petition for name change of your spouse, affidavit of military service etc.

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