Divorce is a difficult time for the couple that is breaking up and unfortunately if you are going through the divorce process then you have to acquaint yourself with divorce papers. They are required paperwork for the process of divorce. Moreover, they consist of several documents. It’s essential to know the names of each document and what you require each document for. Here are the most common documents you will experience throughout the process;
Table of Contents
- 1 Summons:
- 2 Petition for dissolution of marriage:
- 3 Answer and counter-petition:
- 4 Divorce process:
- 5 Divorce decree:
- 6 Different types of divorce papers:
- 7 How to receive divorce papers?
- 8 What are the common reasons for divorce?
- 9 Filling for divorce:
- 10 How to fill out divorce papers?
- 11 Conclusion:
It is the first document used to begin the divorce process. The primary purpose of this document is to let both you and your partner know that you are forbid from harassing each other. This document also informs that neither of them can cancel nor modify any insurance policies or the beneficiaries of these policies. It also states that neither party may sell any property until they pay for attorney’s fees.
Petition for dissolution of marriage:
The summons comes along with this document. It demonstrates all of the relevant facts of your marriage. This document asks for some sort of resolution and is personally offered to you or your partner.
Answer and counter-petition:
This document is written in response to the first two documents. The background, factual information, and responding actions to your spouse’s requests are included in the response. If both of you within 30 days fail to provide this document then the court may grant a Default Judgment.
After delivering the previous document, the divorce process moves towards additional stages. These stages can be complicated. If the process needs several hearings then you may have to provide additional documents. Eventually, with a Divorce Decree, the process ends whether by mutual agreement or by a decision of the court.
This document finalizes your divorce and may include the following;
- Child Support
- Child Custody
- Property Division
- Alimony Payments
Different types of divorce papers:
Let us discuss below the different types of divorce papers;
In the collaborative divorce, the couples hire separate attorneys in order to resolve the terms and conditions of the divorce papers. To discuss the needs and wants of the other spouse, they meet their lawyers in private. They all meet to negotiate the conditions of the divorce papers until the decision has been taken. Additionally, the matter can be taken to court in case they can’t reach a decision or appropriate agreement.
In this type of divorce, only a single attorney solve the terms and conditions of the divorce papers. Since it is a voluntary process, it needs full cooperation of both the partners. During mediation, it isn’t compulsory for the partners to be in full agreement to the terms and conditions. The mediator who is usually a divorce lawyer helps them to reach an agreement during mediation.
No fault divorce
Most couples use this type of divorce due to its ease. It simply needs the couples that without having to place the fault of the divorce on either of the two, they claim to end the marriage. Incompatibility, irremediable breakdown or irreconcilable differences are some common causes of no fault divorces.
The couples in uncontested divorce form an agreement in order to settle over the divorce issues like alimony, child custody division, and more. This type of divorce doesn’t require any lawyer and court hearing as the couple has already collaborated on the divorce settlement.
It is the simplest kinds of divorce and suitable for the couples who want to end their marriage at the earliest. It is easier to dissolve and things to proceed faster as the marriage is young. There are specific requirements to dissolve the marriage like no children, marriage has to be under 5 years long, and more.
How to receive divorce papers?
You have to go through the proper legal process to receive divorce papers. Let us discuss different ways to do this;
Nowadays, the internet has made the process of filing for divorce easier. You just have to go to your state’s website and search for the important paperwork. This method of receiving the documents is free. Furthermore, keep in mind that the rules may vary on the basis of your country or state and it is similar to online processes.
Visit online companies that claim to have these papers. You can find so many of these companies. But selecting one may feel overwhelming. Sometimes, with the current divorce laws, the divorce papers aren’t updated. Therefore, you should find out the ratings of all divorce websites first. The top rate websites usually ask you to contact with a lawyer first just to make sure you are filing your papers correctly. The lawyer asks you to go through the documents step-by-step in order to ensure that you won’t miss any necessary information.
At your county clerk’s office, if you can’t find the right divorce papers online then you can get them in person. If you don’t have these papers then there is also an opportunity that they can send the forms through the post.
However, this form is much easier to fill out. Also, for each aspect of the divorce process, they usually have forms. You also have to state that the source of the papers is completely legitimate.
What are the common reasons for divorce?
Let us discuss below some common reasons and factors for the divorce;
The most common cause of divorce is marrying at a young age. Higher divorce rates have been found in the couples who marry in their teen in comparison to the ones who get married at a mature age. This is because the couple is not mature enough when they marry in their teen to handle the marriage affairs.
These days, women are more enthusiastic as compared to men in order to build their career. They don’t contribute towards their family and children. It hurts men ego when they see their wives flourishing and working better than them. Thus, it becomes a cause of conflict between partners. According to research, women file divorce papers more than men as they consider themselves independent. They may also feel happier being single instead of being married.
Less educated people are more likely to get divorced because they have no good job so they can’t support their family and children. Their family life gets suffered which leads to filing divorce papers. It is important to invest in education for the sake of a healthy and happy marriage.
Love marriages suffer the most because they don’t consider the religious beliefs while falling in love. Belonging to different religious groups or beliefs can be one of the reasons for divorces between partners. Couples having no religious affiliations have higher chances of divorce as compared to the ones who have similar religious affiliations.
Use of alcohol
Usage of alcohol produces problems in marriage. In the US, divorce rates and alcohol consumption is increasing day-by-day. Due to alcohol consumption, men misbehave with their wives and children.
Feeling of insecurity about themselves and their self-esteem in the eyes of their spouse can be one of the reasons to get a divorce. Couples when get a divorce, they feel relieved from these feelings of insecurity.
Filling for divorce:
Here are the steps to follow for filling for divorce;
Hire a lawyer
At first, you should hire a credible lawyer and make sure that they have the answer to all the certain questions about your situations. Discuss about your goal and make a filing plan with your lawyer by specifying them all the terms and conditions of the divorce.
Fill out the divorce papers
In the next step, you have to fill out the divorce papers with the appropriate and correct information. You must review your divorce papers to make sure that you have put everything properly. Next, you should file the divorce papers after you have reviewed and checked every single thing.
Inform your spouse
You must notify and inform your spouse about the divorce papers after you have filed the divorce papers. Then, both of you have to file the financial information for disclosure as per the court. Attach the disclosure with your forms. In the next step, settle on agreements regarding the child custody, assets and debts.
You must fill out the final forms when everything is settled and decided with mutual consent of you and your spouse. The court will send you a judgement notice after reviewing the form. They notify the result of your divorce and steps you have to take to finalize them.
How to fill out divorce papers?
The first thing you should know when filling up divorce papers is that you have to meet the residency requirements. Follow below steps to properly fill out divorce papers;
- At first, enter your name and address. You have to include the address where you can get your mail and also include your contact number.
- In the “Attorney For” section, write either “Pro Per” or “In Pro Per.”
- It is also important to provide the Superior Court County where you’re filing for divorce. Write the address of the court and the name of the branch.
- Mention the names of the respondent (your spouse) and the petitioner (yourself) and use both first names and surnames.
- Where it says “Petition For,” tick Dissolution. Since the petition is for the dissolution of your marriage so you also have to tick marriage.
- Specify either you are in a domestic partnership or married and you meet all of the residency requirements.
- Under “Statistical Facts,” write down your marriage date and separation date. Furthermore, this indicates that your marriage has ended or when you were officially separated in court.
- It is also important to state whether you have children or not. Here you have to include adopted and biological children and enter their name, date of birth, and age.
- In the “Legal Grounds” section, tick Divorce.
- After that, indicate your custody preferences. By taking legal custody, you state that you play a major role in making decisions for your children such as educational, religious, childcare, etc. Tick joint in order to shared legal custody with your spouse.
- With all of the essential details, fill out separate property. Separate property means the property you received before your marriage or the property you obtained after you have separated. During your marriage, any inheritances or gifts you have received also mention them.
- Write down your community property i.e. what you and your partner own and be indebted. If you don’t own a house then distribute your personal items as community property.
- Once you filled out the papers, write the date, your name, and affix your signature.
In conclusion, to receive divorce papers you have to go through a legal process and experience the most common documents that we have discussed above. These papers have all the essential details about the marriage. Additionally, you have to be careful when filing for divorce.