Legal Forms & Divorce
If you are getting divorced, you and your spouse will be required to fill out and sign a number of forms. The number and type of forms that you will have to contend with will depend on your state's requirements, the complexity of your divorce case, your lawyer's advice, and your spouse's willingness to cooperate with the process.
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Divorce
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Divorce is the legal dissolution of a marriage. Since marriage is a complex legal and social relationship, there are often several aspects of a couple's life together that need to be negotiated as their ties to each other are severed. Legal forms help the couple, their attorneys and the presiding judge, protect, document and clarify each party's rights and obligations during and after the divorce.
Types of Forms
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Each state has its own forms required for a divorce. All states require that a spouse (or spouses if they are able to file for divorce jointly) submit a petition to the court asking for a divorce. The petition will at least include the names of each spouse, their addresses, the length of their marriage and the grounds on which the divorce is requested. Other common divorce forms include parenting plans (for couples who are agreed on child custody issues), waivers (for mandatory separation periods or the "discovery" process into a spouse's finances), and financial settlements.
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Service of Forms
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Many states require that a spouse be formally "served" with divorce papers by either a law enforcement official or a special process server (often a private detective). This is to ensure that the spouse is aware of the divorce proceedings so that she can take steps to protect her rights. Some states offer spouses the option of avoiding formal service of divorce papers (which can be inconvenient and embarrassing) by allowing them to sign a wavier of service and simply accepting the papers via regular mail or through one's attorney. You should make sure that your state's rules are followed when serving your spouse with divorce papers to prevent the case being dismissed by the judge.
Obtaining Divorce Forms
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Attorneys already have the appropriate legal forms for divorce in their office, and if you are using an attorney, their staff will fill them out for you. Otherwise, there are legal form companies that will sell you the forms needed for your divorce, and in some cases, legal aid societies or the courts themselves will provide you with the forms that you need to complete your divorce.
Warning
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It is always a good idea to have an attorney go over your divorce forms, even if you are representing yourself in a divorce. If your divorce is particularly complex (you have children, own a home or one spouse is disabled), you may need to fill out more forms, and in greater detail, than you would in a standard divorce.
Also, be sure to check if your divorce forms need to be notarized. Banks, real estate offices and check-cashing businesses usually offer notary services for a small fee. Failure to get documents notarized can result in your case being delayed or possibly even dismissed, making your divorce even more expensive and painful than it already is.
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References
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