Divorce Papers

Information Contained in Divorce Papers

Generally, your divorce papers will outline solutions to the following issues:

• Division of marital property
• Division of checking and/or savings accounts
• Division of investments
• Responsibly for debt
• Alimony payments

If you have children, the following concerns will also be discussed:

• Who will retain custody of any minor children
• Visitation schedules for the non-custodial parent
• Child support
• Who will carry insurance for the children
• Who will claim the children as dependants for income tax purposes

Types of Forms Needed to File for Divorce

In most cases, the following documents are needed for you to legally end your marriage:

• Petition for Divorce: This document gives the court jurisdiction over your divorce.
• Notice of Hearing: This is the form that the clerk of court uses to set the date for the judge to hear your case.
• Certificate of Corroborating Witness: The purpose of this divorce form is to state that you are eligible to file for divorce within a certain jurisdiction.
• Answer and Affidavit: This divorce form allows your spouse to miss the hearing, assuming he/she agrees that your divorce is valid. However, this form is not available in all states.
• Financial Affidavit: This document discusses the financial agreements that you and your spouse have decided.
• Settlement Agreement: This document spells out the specific terms of your divorce, such as child custody and visitation.
• Divorce Judgment or Decree: The judge signs this form to finalize your divorce. You’ll need to request a certified copy for your personal records.

Completing Your Papers

Generally, your attorney will complete your divorce papers. To make the process easier, you’ll need to provide him/her with the following information:

• Your health insurance papers
• Your marriage license
• Copies of vehicle titles
• Property deeds
• Recent tax returns
• Recent bank statements
• Information regarding any pension plans or retirement accounts
• Birth certificates for your children

Although your attorney will complete your divorce papers, you will still be responsible for making sure that they are accurate. The provisions outlined in these documents will affect your life for many years to come. Make sure you understand what you are signing. Don’t be afraid to ask questions or request further explanation.

Do It Yourself Divorce

Although most experts don’t recommend attempting to divorce without the aid of an attorney, a do it yourself divorce may be an option if you and your spouse have no children, little property, and minimal debt.

If you want to attempt a do it yourself divorce, you can purchase generic divorce forms from most office supply stores or search for “pro se divorce forms” on the Internet. In some states, you can also download specific forms from the county clerk’s website.

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