Divorce Guide

Divorce Guide

What to expect at the court clerk’s office

A court clerk or clerk to the court is the official person in the court who maintains the records of the cases in the court. He is the custodian of the court’s seal. Also, he has the responsibility for collecting court fees and other deposits of money made with the court.

Every nation has its own laws and paperwork requirements concerning a divorce. You have got a lot of paperwork while filing a case and a divorce starts as you file a petition for Dissolution of Marriage against your spouse. Commonly, it is done at the clerk’s office of a local court. The clerk can tell you what documents and forms you’ll need and help you file the paperwork with the court. Once you complete the forms, you must take it to the court clerk’s office. Your papers are reviewed by the court clerk and if the documents are not correct as per judicial specifications, they are not accepted. So, fill the forms carefully. You need to remember certain things and take precautions while you are at the court clerk office. Do not sign the papers until you appear before the court clerk. You may be asked to show photo identification. Finally, court clerk signs summons.

Following this procedure your case is filed at the court clerk’s office. All the court orders like summons, complaint, notice of automatic court orders to the other party are issued from court clerk’s office. The court clerk will return you the original summons, complaint and Notice of automatic court orders to you. You can serve these papers to your spouse. Keep one copy of each document with you.

If the judge grants any waiver of fees, the application is brought or mailed to the court clerk’s office. Otherwise, you have to pay filing fee, deposited at the court clerk’s office. You can ask him the mode of payment (by cash, cheque or through credit card) and do the same. The fee varies from court to court. Court clerk checks the authenticity of your signatures on the application. The clerk will tell you if judge could see the application and approve it else you can leave it for him to review later.

Ideally, you should hand deliver the divorce papers along with two extra copies or you can do it by mail to the local court. The clerk will stamp them with date and gives you your docket number. He returns the stamped file to you. You can use the copy to notify the other party.

You will get the list of the officials, who will serve the summons to your spouse, from the court clerk’s office.

Your final divorce document signed by the judge is filed in the court clerk’s office. This states that you are legally and officially divorced. You can get your copy from the court clerk’s office.

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