INSTRUCTIONS FOR FILLING OUT THE FORMS
__________________________________________________________ The Documents You Will Need: In preparing your divorce papers that must be filed with the court, there are several points to keep in mind. The various documents needed to actually process your divorce, which are provided with this kit, are the following: Divorce Complaint/Petition Answer and Affidavit in Support of Judgment Financial Statement Form Child Custody Jurisdiction Form Certificate of Corroborating Witness Certificate of Divorce or Marriage dissolution Marital Settlement Agreement (if each spouse agrees) Final Decree or Divorce Judgment
Other forms may be required under your jurisdiction’s local rules. Several states, for instance, require supplemental financial information concerning child support. California courts routinely require couples to sign marriage counseling waivers. Still other states have special forms for assignment of wages to pay child support. Each of the required forms will be available from the Clerk of the divorce court where you intend to file, so check with the Clerk. In addition, some states still require a summons or citation to formally serve the divorce papers upon the respondent spouse. The divorce Complaint/Petition would be served together with the summons after the original Complaint has been filed with the court. If you and your spouse are proceeding cooperatively with an uncontested divorce, it probably won’t be necessary to actually serve your spouse, and therefore there won’t be a need for a summons (check with the Clerk of your court). If that is the case, the respondent spouse (or both spouses) can sign and file an Answer and Affidavit in Support of Judgment, which is explained fully below.
General Requirements For Filling Out The Forms: Legal documents must be prepared following certain rather uniform procedures and standards. These instructions apply to all documents in your divorce, whether filed in court or not:
1) All information should be neatly typed, double spaced, on 81/2 x 11 white paper (some states still use 81/2 x 14 legal, so check with the Clerk of your court). Each page should be numbered. Photocopies may; be submitted to the court as original documents. You should also use photocopies as worksheets. All copies of documents submitted to the court must be printed on one side only. Some courts also require what’s called a blue backer. Check with the Clerk of your court. 2) Make certain that all documents are properly completed, signed and notarized, where required. 3) File original documents with the court. Make at least two additional copies for your files and an additional copy for your spouse. 4) Keep all documents in one file, and bring it with you to court.
Specific State Requirements: Each state may have a slightly format and wording that it uses on its court papers and to title documents. Unless you comply with your court’s local rules, the court Clerk may not accept your documents for filing. So be sure to check with the Clerk of your court regarding caption (i.e., title) requirements in your jurisdiction before filing any documents. Every caption must include: 1) 2) 3) 4) the name of the court where you file, the name of the parties, the title or heading of the document, the case number.
The Clerk of your court will be able to tell you exactly what information will be required for your documents. Also, you may want to examine documents from other court cases filed in your jurisdiction to become more familiar with the format used.
Filling Out The Divorce Complaint (Also Called Petition): The principal divorce document is the divorce Complaint (or petition) for dissolution of marriage. This is your formal request to the court to terminate your marriage. The contents of your Complaint should include: the full names and Social Security numbers of both spouses. your address and the length of time you and your spouse resided in the county and state where the divorce is filed.
-
the date and place of your marriage. the date you and your spouse separated. the age, occupation and employment of both spouses. the names and birth dates of any children. the grounds for divorce.
In filling out the Complaint, refer to the Requirements For Filing document contained on your disk for additional information that may need to the added in your complaint (depending on where your live), or that may be needed from the Clerk of the divorce court where the divorce will be filed (Some courts required additional information or documents, which can be obtained from the Clerk’s office).
Answer To The Complaint: This form can be used by you and your spouse to avoid formal service by summons, if the court allows. However, in some states formal service by summons of the Complaint is required anyhow, even though your spouse has filed an Answer to your Complaint. Ask the Clerk of court if a summons will be required even though your spouse files a written waiver of summons as part of his/her Answer. The summons will be available from the Clerk’s office if it is required. If not, you can obtain a summons form at your local stationary store. Some states allow joint divorce petitions, and no Answer need be filed if both spouses file together (check with the Clerk of court). With this document, the signing spouse formally submits himself/herself to the jurisdiction of the divorce court, and thus acknowledges the validity of the divorce or any other order issued by the court. In an uncontested divorce, this document will make it easier to process the divorce. Once the respondent spouse signs this document he/she need not participate further in the divorce.
The Marital Settlement Agreement: This is hopefully an easier step in the divorce process because the hard negotiations are behind you if you have agreed to a marital settlement agreement. The marital settlement agreement simply reduces to writing what you and your spouse agreed upon. It must be remembered that for the agreement to be approved by the court, the court must agree that the interests of the minor children are properly protected in terms of custody, visitation and support. The court must also believe the agreement is basically fair and that neither party used fraud, coercion or threat in reaching the agreement.
No two agreements are identical, or course, nor does the agreement have to be complex. If you have considerable property or lack confidence that you can adequately prepare your own agreement, you may want to have a lawyer handle this part of the divorce. There are several marital settlement provisions that may included in your agreement depending upon your particular situation. These may include: how you and spouse will handle the filing of tax returns for the current year (singly or jointly). whether support will include camp or college. whether the wife wishes to resume her maiden name. what the children’s surname shall continue to be. which spouse may claim the federal dependency tax exemption for the minor children. that the agreement shall survive the divorce and be enforceable in any court or jurisdiction. that both spouses agree to the terms of the agreement. that the financial statements are accurate. that both spouses acknowledge rights to independent counsel if they so desire. that both spouses with sign all documents and undertake all acts contemplated under the agreement. that the agreement shall be binding upon any personal representatives.
The Financial Statement Form: Some states require both spouses to file a financial statement as part of the agreement. Its purpose is to allow the court to determine the reasonableness of the agreement, such as whether child support is fair and equitable given the financial circumstances of the parties. Some states mandate use of their specific financial statement forms, which are available from the Clerk of the divorce court. Other states allow you to submit the information using any format, provided the information is reasonably detailed and understandable. It is your responsibility in either instance to make sure your financial statement is as accurate as you can reasonably make it. Child Custody Jurisdiction Form: This form applies only if you have minor children. Its purpose is to give the court information by which the court can determine whether it has proper jurisdiction to issue orders pertaining to the children. The Uniform Child Custody Jurisdiction Act, followed in all states, requires use of this form if you have minor children. Both spouses must make a formal declaration
under oath stating: the number of minor children subject to custody order, their sex, Social Security numbers, and dates/place of birth, that the child(ren) is not involved in prior divorce proceedings or subject to other custody orders, that neither spouse knows of any pending custody action or claim for custody by any third party.
Certificate of Corroborating Witness: Some states require a certificate of corroborating witness. In some instances this must be filed with the divorce petition, and in others it may be presented to the judge when he/she awards the divorce. Check with the Clerk. The role of the corroborating witness is to affirm under oath that you, in fact, resided within the state sufficiently long enough to qualify for a divorce in that state.
Certificate of Divorce or Marriage Dissolution: Most states require this document when a final divorce is granted. This certificate is used by your state’s Bureau of Vital Statistics or some similar agency. The specific form used in your state will normally be available from the Clerk of the divorce court, and because it is state specific it is not included in this kit.
Notice of Hearing: When the date of your court hearing is set, some states require that both parties receive official notification of the time, date and place of the hearing. This can be accomplished by mailing your spouse a Notice of Hearing. A Notice of Hearing with your original signature should be submitted to the court. A copy can be sent to your spouse, and you should retain a copy for your records.
Final Divorce Judgment or Decree: Once the court decides you qualify for divorce, the judge will sign the final divorce judgment, or decree of dissolution, as it is sometimes called. This document formalizes your divorce. Prepare this document carefully. It must match with what you and your spouse have agreed to in your marital settlement agreement, as well as what you have requested from the court in your Complaint/Petition.
You will need this document at your court hearing, as it is then that the judge usually signs it. Of course, if the judge changes any terms (such as child custody or support) he/she may alter your documents with these changes or ask you to prepare new documents reflecting these changes.
Final Thoughts To Keep In Mind: Each state sets its own procedures for processing divorce cases. Counties within a state may also adopt slightly different procedures than those followed in other counties. The process described in this kit follows the more common procedures found in an overwhelming number of states. Accordingly, while this kit gives you the information needed to prepare your divorce papers in compliance with the rules in most states, there may be specific requirements you must follow in your state and/or county. It is therefore advisable to check with the Clerk of the divorce court where you intend to file for the exact requirements of that court, if any. IT IS NOT THE INTENT OF THIS PRODUCT TO PROVIDE ANY LEGAL ADVICE, ASSISTANCE OR SERVICES WHATSOEVER IN ANY STATE OR JURISDICTION. THE SOLE AND EXPRESS PURPOSE OF THIS PRODUCT IS TO PROVIDE BLANK FORMS THAT WILL NEED TO BE INDEPENDENTLY DRAFTED BY THE END USER. ANY INFORMATION OR PRODUCT PROVIDED IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PERSONAL LEGAL ADVICE OR SERVICE. LEGAL-FORMS-KIT.COM RECOMMENDS YOU SEEK THE ADVICE OF AN ATTORNEY IN THE STATE WHERE YOU LIVE OR INTEND TO FILE IF YOU HAVE ANY QUESTIONS WHATSOEVER ABOUT DIVORCE OR HOW TO FILE FOR DIVORCE.