How to Write a Divorce

By Alicia Bodine

Rate: (0 Ratings)

Divorce is a hard time for all parties involved. It can also become hard financially if you decide to hire attornies. Lawyers are not required to get a divorce and you can choose to the work pro se (yourself). If you decide to write your own divorce papers you are going to have to follow the court's format or your paper won't even be accepted. You must follow all guidelines exactly.

Instructions

Difficulty: Moderate

Things You’ll Need:

  • Divorce Complaint Instructions
  • Law Library
  • Computer
  • Printer
  • Word Processing Document
  • Stapler
  • Copy Machine
  • Filing fee
Step1
Go to your local court building and request a divorce complaint packet. All courts will provide you with this free of charge. The packet will list all instructions, sample forms, how to file, and what to include. It is very important that you get this packet and follow it to the letter. Each state has different requirements and your state's requirements can be found in the packet from your court house.
Step2
Go to the law library. You can use the law library at your local court building free of charge. Look up some example divorce documents and take note of the language used in them. Photocopy some pages to take home and study further. They usually charge you to make copies, but it isn't much. It's usually anywhere from $.15-$.25 per page. These will be extremely helpful when you are ready to assemble your divorce paper.
Step3
Turn on your computer and click on your word processing program. Begin creating your divorce paper based on the instructions. It is important that you use font size 12, color black, and New Times Roman print unless otherwise instructed. Courts don't like fancy print or big letters. Everything needs to be uniform. Begin your divorce paper by placing your name at the top left hand corner followed by your address, phone number, and attorney name. If you are writing the document without an attorney you write "Attorney Pro Se." If your court has a different format than follow that. The first page should include the court name, town, division (usually family part), docket number (leave blank till you file and they give you one), complaint for divorce, and grounds for divorce.
Step4
Determine your grounds for divorce. Some grounds include extreme cruelty (mental or physical), adultery, desertion, and 18 months of separation. Your packet should list all acceptable grounds of divorce for your state. If you have more than one grounds for divorce, list them all. It would be a mistake to only list one if there are more reasons. If you choose adultery, but couldn't provide the name, address, and proper subpoena of the individual your spouse cheated with you won't be granted the divorce. If you had additional grounds for divorce listed than you will get granted a divorce on that.
Step5
Fill out the beginning part first. You will be required to list your residence, where you were married and when, where your spouse is currently residing, and what the defendant (your spouse is guilty of). If they committed adultery list where. The instructions for this and examples will be in your packet.
Step6
List the specifics of the case. These should be detailed reports of what led you to ask for the divorce. They are usually listed as facts in as short of sentences as possible being lettered each one A. B. C., etc. These specifics should follow and support the grounds for divorce.
Step7
List your demands for the judgment. It doesn't mean you will get them, but it is best to ask for as much as you can think of. Things to request include spousal support, child support, unpaid credit card balances, unpaid cell phone charges or household bills, primary ownership of the marital home, primary ownership of the marital vehicle, court costs, and any other important financial information that you and your spouse shared. Using your information packet and law library documents will help you know exactly how to word and fill out this section.
Step8
Sign and date your form and attach any supporting documents. Any agreements made in writing or unpaid bills should be attached.
Step9
Provide any other papers required in your packet. Often you will need a Certification of Verification (that you are telling the truth), statement of residence, case information statement, list of insurances currently held, etc. Remember to study the law lingo and use it as much as you can. You want to speak the same language as the judge.
Step10
Make at least 5 photocopies of all your documents including the divorce paper itself. The clerk will require more than one and you need one to mail your spouse and one for your own records. Staple each packet together so you don't lose any pages.
Step11
Take your divorce paper to the court house and have it filed. This will cost some money. Sometimes around $200. If you have no money at all you can apply to file it for free. Ask the clerk about this. The clerk will then file your document and give you enough time to have you serve the spouse with the divorce papers. Use the sheriff's office for this task. It only costs about $20.00 and then you have proof for the judge that your spouse received the papers.

Tips & Warnings

  • Check all grammar and spelling for mistakes. A poorly written document will not get much attention from a judge especially when all word processing programs come with spell checkers.
  • Getting an attorney for a nasty divorce is highly recommended. You can do this after you file the divorce papers and save yourself some money. You may just want to hire an attorney to appear in court on your behalf or to guide you in what to do.
  • Don't neglect any details You want all the issues to be resolved the first time you go to court. Having to come back will only cost more money and leave you with extra stress.

Post a Comment

POST A COMMENT

Request a New How-To Article

Looking for more How To information? Chances are there’s an eHow member who knows how to do what you’re looking to do. Submit an article request now!

eHow Article: How to Write a Divorce

Article By: Alicia Bodine

Alicia Bodine

Novice Novice | 0 Points

Category: Personal Finance

Articles: See my other articles

Related Ads

Personal Finance

mpcussen
Meet Mark P Cussen, CFP, CMFC eHow’s Personal Finance Expert.