How to Read a Divorce Paper
Receiving divorce papers is the start of an emotional and legally challenging experience. If you were served with divorce papers, you need to review them immediately. In most divorce proceedings, a person in your shoes must take prompt action to protect his rights and interests. Of course, before doing anything else, you need to fully understand how to read a divorce paper, and appreciate what the different documents received at the start of divorce proceedings mean to you and your family.
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Things You'll Need
- Petition for divorce
- Financial affidavit
- Child support worksheet
- Motion for temporary orders
Instructions
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Read the divorce petition (sometimes called a divorce complaint). The divorce petition is the most basic of the divorce papers received at the start of a case. Make sure the information provided in the divorce petition is accurate. The petition will include information about where and when you were married, and state that you and your spouse no longer are compatible. The petition requests that the court enter such orders as necessary to terminate the marriage, deal with your assets and debts, and resolve matters relating to any children born during the marriage. You file what is known as an "answer" or "response" to the petition for divorce.
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Examine the financial affidavit prepared by your spouse as part of filing for divorce. In theory, the financial affidavit is to set forth your assets and debts. Often, erroneous or incomplete information is contained in this document. You will prepare your own financial affidavit at the time you file an answer in the case. In your own affidavit, point out incorrect information contained in the financial materials obtained from your spouse.
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Review the child support worksheet provided to you with the divorce petition (if you have children). As with the financial affidavit, make sure that the financial information--particular your income and that of your spouse--accurately is imputed into the child support worksheet.
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Read the motion for temporary orders filed with your spouse's petition for divorce. The motion for temporary orders typically addresses issues including temporary custody of the children during the divorce, parenting time (formerly known as visitation), and child support. A motion for temporary orders also addresses matters such as temporary maintenance (formerly known as alimony), who will have possession of the residence during the divorce, and related issues. Prepare responses to each of the elements of the motion for temporary orders. Through your own responses, you set forth your position in regard to these primary issues associated with the divorce process itself.
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