Forms Needed to File For a Divorce

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Preparing for Divorce

Divorce is a commonplace legal proceeding in many countries, including the United States. Understanding what forms are needed to file for a divorce is useful and oftentimes vital information. There is variation by state in the U.S. as to what forms are required to get divorce proceedings underway.

  1. Petition or Complaint

    • The most basic form needed to seek a divorce is a petition or complaint that is filed with a court to commence a divorce proceeding. The petition or complaint must be alleged a number facts including that the person filing for divorce is a resident of the state, normally for at least a year, that the marriage cannot continue, usually because of incompatibility, and that the person filing with the court wants the marriage dissolved.

      A divorce petition or complaint also asks the court to divide the assets and debts of the marriage, issue orders pertaining to the custody and support of the children -- if applicable -- and deal with other similar issues arising from the marriage.

      In most jurisdictions, the petition or complaint must be verified, meaning it is signed not only by an attorney but by the party filing the document on that individual's oath.

    Affidavit of Assets and Debts

    • A statement of assets and debts that were accumulated during the marriage must also be filed. Normally this document is in the form of an affidavit, a document executed under oath. In most jurisdictions, the affidavit of assets and debts is filed with the court at the same time as the petition or complaint seeking divorce.The affidavit also includes income information from the partners in the marriage.

    Child Support Worksheet

    • The child support worksheet is filed with the petition or complaint seeking divorce in most jurisdictions and computes what is to be paid in support of the children during the time the divorce case is pending and once a final order of divorce is issued. The worksheet takes into account the income earned by the parties to the marriage, who will have primary custody of the children and any special financial requirements that the children might have, such as extraordinary medical or educational expenses.

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