Filing for divorce is often a messy process, and there many forms to be completed. Whether you and your spouse and attorneys hash out an out of court agreement or whether you need to litigate everything in a messy and difficult courtroom battle, there are still forms you need to file and legal procedures you need to be aware of.
Divorce Forms
When you end your marriage in divorce, there are numerous legal forms and documents you have to file. These include, but are not limited to:
- Forms governing the dissolving of the marriage
- Financial declaration forms
- Motions and notices regarding various divorce hearings
- Child support forms and worksheets
- Forms regarding fees, or requesting the waiver of fees
Legal Issues in Divorce
As you file divorce papers, there are also various legal issues to consider. For example, you need to determine who gets legal custody of the children, if there are children, and how to legally and fairly divide assets. A few additional legal considerations when filing divorce papers are as follows:
Legal Filing and Serving of Divorce Papers
While some divorce laws vary from state to state, filing divorce papers has some consistent legal rules. Both parties are required to legally have all of the previous documentation in their possession. Once these forms have been filed by the Plaintiff with the Court, they are then presented, or served, to the defendant. Essentially, being “served” means that the defendant is receiving their legal copy of the divorce paperwork and that the court knows that all parties have the necessary papers.
Legally “serving” divorce documents can vary from state to state. Some states allow the Plaintiff to sue registered mail, where the post office receives signature of receipt. In other states, divorce forms must be presented by the county sheriff’s office to the defendant’s place of residence or work. If your spouse is trying to avoid being served, you can legally employ a “process server” to locate your spouse and present them with the filed divorce papers. Less commonly known is a method of serving documents by publication, which is used when your spouse is located. There are legal ways in which you can run an ad in the newspaper to serve your spouse with your intent to divorce.
Uncontested Divorce
Another area of legal consideration is whether or not your divorce is contested. An uncontested divorce means that you and your spouse agree to all the terms of the divorce and the court need not get involved. Nevertheless, all forms must be filed, completed, and legal, even if you agree to the terms of the divorce. Overlooking legal forms simply because it is an uncontested divorce can unnecessarily complicate the divorce process.
Getting Help
An experienced divorce attorney is an essential part of a successful divorce. Your lawyer can help make you aware of any and all legal issues that may come up during a divorce, and can assist you in making sure you are successful in getting a quick and fair divorce.
