Guides to File Divorce Papers
When the marriage is no longer interesting for either of the partner and you cannot save your marriage from divorce, one of them may decide to file a divorce paper to go on separate ways. It can be done through the help of an attorney/lawyer or you can do it yourself which is called pro se a form of self-defense in the court instead of an attorney defending you. In this post, I will be writing about the necessary guides to file divorce papers generally.
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Please note that filing divorce papers differs from state to state and it is your responsibility to find out what is require in the state in which you’re living. if you live in Florida, you can get more information about Divorce Law in Florida here.
Residency requirement is what differentiate the state from one another, you’ll find out how that is determine in the state secretariat, local government, county or district depending on the country in which you’re living.
The Step by Step Approach to File Divorce Papers
1. There is need for you to find out what is obtainable in the state you resident; some state will only allow you to file for divorce if you’ve lived in the state for not less than six months. If you’ve lived less that that time, you will need to file for separation and latter file for divorce when you meet the residency permit of the state. It’s a must for you to file the divorce paper in the same state where you live even if you got married in different state.
2. Decide what will the outcome of the divorce will be, this may be easy if you don’t have properties issues, equities, children or any landed properties. But if you have any of them, it will get harder in making your decision.
3. Get enough information on what you will divide and how to care for your children, assets and debt before meeting an attorney or lawyer for consultation.
4. Get in touch with the lawyer even if you think the divorce is a simple one but might end up get complicated along the line, an experienced divorce lawyer will be able to handle such case for you. Make sure you have the entire finding document available and ask any questions you need to know about the divorce and don’t forget to ask for the lawyer’s opinion and all the legal necessities.
5. Fill the divorce documents by going to the county courthouse or you can download the form online and fill it. The spouse filing is known as the “Petitioner” and the receiver of the petition is known as the “Respondent”. The most common reason for filing is “irreconcilable differences” for a no-fault divorce. You will fill out family law petition and give all necessary information about your marriage. You will also fill a separate form for child custody and visitation if they are under the age of 18 years. If there is properties in question, you will have to fill property declaration form as well.
6. Ensure that all your information is correct, ask a lawyer to review it for you and don’t forget to ask for his or her recommendation.
7. Return the filled form to the court when you’re done. But before returning it to the court make sure you make a copy of the form for yourself and your spouse. You will need to pay for filing fee and if you don’t have the money, you can ask for a waiver. The fee varied from state to state so also from country to country.
8. Serve your spouse with the divorce papers which is the legal process to formally notify your spouse without which the court cannot proceed. You will need someone else to serve the divorce papers because it cannot be served by you yourself. You can get professional servers to do that for your and make sure the recipient of the divorce paper fill a form to acknowledged the receipt of the divorce papers. Make a copy of it and then fill it with the court clerk.
9. Completing the divorce will have to do with a written agreement with your spouse if there has been cooperation all these while. The agreement will have to do with your child custody, child support, and other concerned issues. Seek for lawyer’s help in writing the agreement so that it will be legally sounded. Have the agreement notarized but if your spouse fails to response within 30 days, you will fill the final form without first writing up agreement.
10. Filling the final form: Fill out a series of final forms regarding your assets and debts, child custody, child support, and other specifics regarding your situation. Have your lawyer or a member of the court staff review your forms to make sure they are correctly filled out. Make copies of the forms and file them with the court.
11. Receive your judgment: After reviewing the final forms, the court will send you a judgment notice notifying you of the outcome of your divorce and any further steps you must take to finalize it. If your spouse contests the divorce, you may have to attend a court hearing. The judge will look over the and may make changes to agreements pertaining to assets, alimony, child Support, custody, and any other anything the judge may consider amending.
Please Note: Legal information is not legal advice, for specific advice, please consult an attorney or a lawyer. Source; Wikihow.