Divorce Papers

Divorce papers are the legal documents that are involved in a divorce procedure. When they use the term, most people are referring to the forms and other documents that are filed into court, not the written judgement that is handed down by the court when the case is completed. So in this article, we focus on the papers that need to be filed.

Divorce Forms

Now you may be aiming to save the cost of an attorney by doing everything yourself, but you will still need a minimum of help to get the papers right. Some jurisdictions have really helpful online resources and filing systems. They don’t give legal advice; just help you get the papers completed so that they are accepted by the court. So what is written on the papers may be 100% legal but 0% what you wanted! So I recommend that you use a reputable service that not only supplies the correct papers for your case and jurisdiction but also explains how to complete them so that they say what you mean to say. Every State has different divorce laws and different forms. Laws get updated and procedures change. Even if you have handled a divorce before(!) you need access to a paralegal with up to date knowledge on the latest laws, forms and procedures in your State. Don’t underestimate paralegals; many of them are better on the detail than the high-flying attorneys! If you try to be cheap and just get a forms kit, the chances are it will cost you more by the time you’re through. Online resources, email and best of all, phone support will save a huge amount of time and clear away any lingering doubts about getting it right. Using a combination of leading edge technology and human support, top divorce forms services provide automatic form generation as you work through a guided Q&A.

If you are employing a divorce lawyer, consider also using a divorce papers service. I know this sounds crazy but it has two advantages: it’s cheaper to get explanations, options and checklists from a third party service than from paying lawyer’s rates and it protect you against being pressurized into things that make your attorneys life easy (and bring a good profit), that may not be in your best interests. Don’t argue with your lawyer but be prepared and know your options in advance. Divorce papers have to be filled out exactly right. For example this can mean writing IN THE SUPERIOR COURT OF XXXX COUNTY all in capital letters in a particular in a particular part of the form and writing the word "Petitioner" with a capital P each time.

The most important thing to getting your divorce final through the courts is having the correct forms prepared in the correct format. The number of forms depends on the complexity of the case. Taking Kansas as an example, if the couple getting divorced have kids, they will probably need to fill or respond to all these: Declaration Under The Uniform Child Custody Jurisdiction Act, Marriage Settlement Agreement, Verification required by both parties, Uniform Support Petition, Summons: Personal Service on an Individual, Process Service Memorandum, Financial Affidavit, Motion for Health Insurance Coverage, Affidavit by a third party, Financial Affidavit, Notice Of Hearing, Answer and Affidavit in response, Non-Military Affidavit.

Some language used in divorce cases is specialized jargon with precise legal meaning. Some examples are: Stay - the act of a court making an order stopping a judicial proceeding; Default Judgment - the decision made by the court when the defendant (respondent) fails to respond; Long-Arm Statute - law which permits one state to claim personal jurisdiction over someone who lives in a different state.

One divorce form is just the beginning

When preparing divorce papers, you will have to have several other documents available. The following items might be needed to fill and file divorce papers: birth certificates, marriage license, property deeds and titles, vehicle titles, tax records for last year, insurance papers, loan account information, mortgage and bank account statements, pension and retirement plan information plus any related documents.

Now I am not suggesting this is too difficult to do yourself; I am just trying to show you it is not a walk in the park. With the right attitude and putting in the time to get it right, I reckon any person with a high school education and a bit of assistance from a paralegal can get the job done right. Divorce is one of the most important steps you can take in life and has long-term consequences. Nobody else is as concerned about your future as you are, so you owe it to yourself to give it your best shot. Good luck!