divorce petition forms: 2009

Saturday, July 25, 2009

Divorce (and Other Legal) Documents Online

A divorce is never easy, but it is possible to end a marriage amicably with little or no difficulty. However, this isn’t true in the many cases. Divorce lawyers are usually the only ones that truly win in a long drawn out divorce proceeding, which tends to be extremely overwhelming for the parties involved both psychologically and financially. The longer it takes to settle a divorce, the longer the conflict continues, creating huge legal fees for both sides. If both parties agree during the divorce procedure, on the settlement and other pertinent matters within a reasonable amount of time, with little or no intervention from an attorney, then final dissolution can take place rather quickly, before the mandated waiting period is up in many cases.

First of all, when reconciliation fails and no other options remain, questions about the divorce procedure arise with many that need to be answered. A divorce usually starts with a divorce petition that is initiated by one spouse (the petitioner) and served on the other (the respondent). The petition, which includes pertinent information about the marriage, is also filed with the clerk of court in the county where the petitioner resides at this time. The facts disclosed in the petition pertain to the names of the husband and wife, the date and place of marriage, names of any children resulting from the union, separate or community property held by the parties, child custody, child support, spousal support, and any other issued to be addressed regarding the dissolution of marriage. Proper divorce procedure mandates that the respondent spouse be given notice that the divorce petition has been filed, either by the petitioning spouse or process server. The respondent then ordinarily has thirty-five days to answer or file a counter-claim. If both parties agree on the settlement, a court hearing is not required and the divorce will be final shortly thereafter.

A minimum waiting period (usually six months) is mandated in most states, and is not waived during proper divorce procedure, even if the marriage is dissolved before this time period has elapsed. Remarriage is also not allowed until the waiting period is over, which starts at the date of filing. Issues arising out of marriage tend to be complex and the divorce procedure itself tends to be quite overwhelming. Keeping physically and emotionally fit during this time will keep the stress levels down, and the less legal involvement the more money in the bank when it` all over.

Fortunately there easily obtainable divorce kits that provide all of the necessary forms for filling out and filing for divorce yourself. These kits are put together by highly experienced attorneys and can be downloaded for a fraction of the cost of going the conventional route. There are forms that provide essential information about divorce procedings and requirements for every state. Not only that, most of the online companies that supply these kits also have a FAQ section and a section on useful resources for you to use. These forms are mostly for uncontested divorces where you and your spouse are likely to agree on the terms of your separation and divorce. Usually an online questionaire will assist you in filling out these forms correctly.

Some of the questions you might have during this time are: what is an uncontested divorce?, how long does it take for a divorce to be final?, will I have to go to court during my divorce?, what about child support?, what happens to marital assests?, what about alimony? (and even) what happens if we reconcile and want to cancel the divorce?
Most quality document providers will have the answers to these and other questions which should help to put your mind at ease. In the end, you will save alot of money by going this route, money that can be used for living expenses or to take a relaxing vacation and begin the healing process.

Washington State Divorce Legal Issues

People approaching Washington divorces are often surprised by the deficiency of clear rules. People ask their lawyers, '' How much alimony do I have to pay?'' ''How much child support will I owe?'' How long I will have to pay?'' How much of my pension does she get?" With very few exceptions, Washington Divorce Online has found that the law itself cannot give you very precise answers to these questions.

Either you and your spouse will negotiate a settlement between yourselves or a judge will determine the arrangements for you. In Washington State divorce cases, there are now formal guidelines that the court must follow in awarding child support. However, on most issues, judges are unfettered to implement their own discretion after hearing evidence, and this discretion extends even to child support guidelines.

You take your chances when you and your spouse go to trial. It can be a roll of the dice. Most judges do their best to be fair and professional, but, like the rest of us, judges are susceptible to their own prejudices and biases. If you don't like the judge's decisions you will either learn to live with them or you can appeal to a higher court, but few people ever utilize the appeal process. Appeals are difficult to win because the burden is on the person making the appeal to prove to the higher court that the trial judge misinterpreted the law or abused the discretion permitted the judge by law. Even if you are one of the few who wins on appeal, all you get most of the time is a new trial. The only way to be sure that your Washington divorce meets your needs is for you and your spouse to negotiate the resolution yourselves.

When you negotiate your agreement, you negotiate a contract voluntarily. You sign it voluntarily. You cannot decide that neither of you will support your children, and you cannot subject your children to danger or neglect. But, within very broad limits you are free to decide together, how you will resolve the issues at hand.

Settlement arrangements are negotiated in the shadow of the law. That means, you negotiate with an eye on what you think would happen if you were to go to trial and let the judge decide. Experienced lawyers often think they can predict what would happen at trial. Washington State Divorce lawyers tend to develop a consensus or sense of industry standards about the results of trials. They may agree that the judges "always give the wife half the house" or " a third of the husbands pension." They might agree that in a particular case $200.00 a week for child support would be unlikely. Lawyers who have appeared many times before the same judge may acquire useful generalizations. Much of this may be true indeed, but the truth is that you cannot depend on it. You may get a particular judge, or you may get that judge on a bad day, or your lawyer may be wrong. Although most lawyers will sovereignly foretell the outcome in court, few will guarantee you the conclusion. You need to treat such predictions with healthy skepticism.

Judges understand that you can do a much better job of generating an agreement that works for you both, which is why they don't meddle in a settlement agreement. Ultimately, the Washington divorce law governing your settlement agreement is what you together believe to be fair and in the best interest of your family.

Every uncontested Washington divorce form or Washington divorce decree must deal with five basic issues. These issues deal with: 1) alimony, 2) property division, and, if there are children, 3) custody, 4) visitation, and 5) child support. These five issues must be determined by the divorcing couple in order to obtain an uncontested divorce. If you and your spouse agree on everything and put it in writing, you have an uncontested Washington State divorce; there is literally no contest. If there is any issue on which you disagree, you have a contested divorce. Invariably, contested divorces center around one of the five issues of divorce: property distribution, alimony, custody, visitation, and child support. When a divorce is contested, it is usually because the couple has not been able to agree on one or more of the above mentioned issues.

When a Washington Divorce petition is filed, the state has several concerns that must be satisfied before the divorce is proved up and approved. The state wants to know how the children will be supported, who will support them, and who is in charge of them. The state is the parent of last resort. If children are abandoned, the state must provide for them. Because it wants this role minimized, the state, through its courts, requires that provisions be made for children at the time of the Washington State divorce. Thus the court requires an agreement or a court order specifying the duties and rights of each parent with respect to raising and supporting the children.

Washington Divorce allows you to complete your official Washington State Petition for Dissolution of Marriage, commonly known as divorce, online. This service helps you prepare your Washington State Divorce Forms according to your particular set of circumstances and in a format accepted by Washington Courts. Visit http://www.washingtondivorceonline.com for more info.

Article Source: http://EzineArticles.com/?expert=Gio_Castro

Making Financial Arrangements After Divorce

When in marriage, couples normally feel secure especially if the husband is earning well in his profession. For families with both spouses working, finances are not much of a problem as well. But no matter how stable a couple's financial situation is, everything can fall apart once they decide to divorce.

It's usually the financial aspect that hits a couple the hardest during divorce. A wife who is totally dependent on her husband may feel helpless when their marriage ends. Even among working couples, settling their finances and dividing their conjugal properties can be a difficult task.

But there's a solution to every problem and couples in an uncontested divorce process are in the best position to easily settle their financial issues. This means they mutually agree to end their marriage without putting the blame on one another. In this situation, no one is at fault which means that there is no need to present evidences before the court in order for the divorce petition to be granted.

Couples who can go through an uncontested divorce are able to decide well and think well of their future situation and that of their children. It's ideal to put aside hostile emotions and differences while working out a solution to the situation and especially where children are concerned.

Uncontested divorce kits make it easy to organize and accomplish the legal forms without the need to hire a lawyer. They're both time and money saving and therefore, very helpful to couples who want to have their divorce granted in a short period of time.

The do-it-yourself divorce papers contain different forms that need to be filled up and submitted to the local court. The financial statement form is where the financial details such as the child support and alimony are included. If you're not sure about this aspect, it's ideal that you seek the help of a financial planner to guide you on what to do in terms of budget planning for the future and arriving at a proper settlement with your spouse.

Negotiating child support and alimony is important so that both spouses have a clear view of the financial situation. Child support is not just limited to the father because depending on the situation, a mother may also be required to pay a father. Most often, the non-custodial parent is the one that provides the financial support. But in case of a joint custody, either one (the main income earner) should pay the other. Normally, the amount depends on how much the parent earns and the amount of time the child spends with each of them.

The goal of a child support is to ensure that the child (or children) moves on with life with enough food, clothing and the proper education. As a parent, the responsibility to provide for the children's needs should always remain a priority even after divorce.

With readily available uncontested divorce kits, the ways on how to divorce online have been made easier and more convenient for couples these days. The kits are easy to use because they come with an instruction manual on how to fill up the forms.

Visit nofaultdivorceforms.com for more info on Uncontested divorce, Divorce Papers and Divorce Online.

Article Source: http://EzineArticles.com/?expert=H_Hillman

Friday, July 17, 2009

Divorce Papers – What You Need

Every body knows divorce is expensive, particularly if children and multiple properties and assets are involved. Some people, with or without any legal background, file their own divorce papers in order to save money. Usually, a person getting divorce hires a lawyer to represent him or herself and do the dirty work.
If you file your own divorce paper, you eliminate the middle man. The main reason why divorce is so expensive is because of lawyer fees; take away the lawyer and you’ll save a lot of money. However, this would only work if both you and your spouse can find it in yourselves to work on the same page. A mutual decision between every aspect of your divorce must be agreed upon. This article will tell you what you need and how to file divorce papers on your own.

• Familiarize yourself with the requirements for divorce in your state; each state has its own stipulation. To save time and energy, you can always search for information in the Internet. Generally, you will need to file the following forms:

• Divorce Petitions – states the reason for seeking divorce and your demands. It should also contain information about your residency; you need to have lived in the state for a definite amount of years before your petition is to be considered.

• Alimony and Child Support/Custody – If applicable, you must fill up forms for these demands. For alimony, you will need to fill up a form which contains a list of expenses and source of income. For child support or custody, you will need to propose the arrangement you and your spouse have decided upon.

• Financial Documents – This includes tax returns, bank account information, investment documents, debts, mortgages, loans etc. within the previous three to five years. During this time, it is wise to take care of any joint accounts you had as a couple.

• Get divorce forms. These can be obtained through an attorney, office supplies stores; you can even download divorce papers online. If you want to get your divorce papers in the Internet, be sure to download the forms specific in your state.

• Fill out these forms. You and your spouse should be on the same page; Most, if not every, issue should have been worked out prior to this point to make things quicker. This is phase will decide whether you can file divorce papers on your own or if you need lawyers to act as mediators. You should also agree on which of you will file the divorce papers.

• File the divorce papers. If you don’t know where and how many copies you should bring, give your county office a ring or check it out online. This could take longer that you’d expect so don’t make any other plans on the same day you’re supposed to file your divorce papers. Prepare some cash because there is usually a filing fee. If you have any questions such as how long you’ll have to wait before your divorce gets finalized, ask the clerk in the office.

Divorce (and Other Legal) Documents Online

Divorce Procedures in England and Wales

In England and Wales the divorce law procedure follows a number of sequential steps. At each point relevant documentation must be completed and filed at the Court. These steps are as follows –

Filing the Divorce Petition - Proceedings begin with a divorce petition being filed to the Court. The divorce petition contains the details of both parties along with the reason for the divorce being applied for. The reason given must be one of the official grounds for divorce which are; unreasonable behaviour, adultery, separation and desertion. In divorce proceedings the person applying for it is referred to as the Petitioner while the other spouse is referred to as the Respondent.

Service, Acknowledgement and Confirmation of the Petition - The next step is for the Court to check that the petition complies with the all the necessary requirements. If the petition is correct it is officially issued and is sent to the Respondent along with an Acknowledgement of Service form. The Respondent has seven days to return this form and indicate whether or not they wish to dispute the divorce.

Once the Acknowledgement of Service form is returned by the Respondent it is then sent to the Petitioner. The Petitioner must then swear an Affidavit confirming the facts of the divorce petition. This Affidavit is sent to the Court along with the signed Acknowledgement of Service.

Decree Nisi and Decree Absolute - If the Court is satisfied that all the documentation is correct they will set a date for the pronouncement of the Decree Nisi. It is not usually necessary for the parties to attend Court for this. Six weeks after the Decree Nisi is pronounced the Petitioner can apply for the Decree Absolute. Once the Decree Absolute has been granted the parties officially divorced.

Orange county divorce lawyer

THE DIVORCE PROCESS

There are six steps to a divorce proceeding. These include:

1. DETERMINING THE PROPER COUNTY AND JURISDICTION

All divorces in the State of California, regardless of whether or not you and your spouse are convinced you can work out your disputes, must start with determining which county and jurisdiction to file the petition for divorce.

Many courts in California, including the County of Orange, Los Angeles, San Bernardino and Riverside, have specialized courts that deal only with family law and divorce matters. These courts handle all issues related to the divorce, including the division of community and separate property and assets, child custody, child support, spousal support and related issues.

Which is the right county for your divorce? That depends on many factors including where you and your spouse have resided. Often times, especially when you and your spouse have separated and have lived apart before either of you files for a divorce petition, more than one county may be the right jurisdiction for your divorce matter.

However, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a "resident" of California for six months AND of the county where the divorce proceeding is filed for three months immediately preceding the filing of the divorce petition.

This “six-months/three-month” residence requirement applies only to marriage dissolutions (divorce) action. There is no residency requirement for filing a nullity or legal separation petition.

2. FILING OR RESPONDING TO A PETITION FOR DISSOLUTION OF MARRIAGE

Once we have determined the proper jurisdiction and county for your divorce, one of two documents must be filed with the court. You can contact farzadlaw.com for more information on this.

If you are seeking a divorce, we will prepare and file for you a “petition for dissolution of marriage”. In this document, we will identify what you seek (a dissolution) and why you seek it (typically “irreconcilable differences”).

Remember that California is a no-fault divorce so issues such as infidelity are irrelevant to the divorce petition. However, despite California’s no-fault system, certain issues that most relate to “fault” ARE very significant to your divorce. For example, application for a domestic violence protective order usually requires an affidavit or declaration showing reasonable proof of a past act or acts of abuse. In addition, when determining the child's best interests in a contested custody case, the court must consider any history of physical or sexual abuse by one parent against any spouse, any child or other persons within the household. The Court also takes into consideration habitual alcohol abuse or illegal use of controlled substances or medications.

If your spouse has served you with a divorce petition and after we determine and ensure that the divorce petition has been filed in the proper court and county, we will file a “Response” to the petition for dissolution of marriage. Time is short and you must not wait to file a response.

In most circumstances, you only have 30 days from the date of the petition is served on you to file the Response. Fail to do so and your spouse can take a “default” against you, barring you from appearing in court or challenging your spouse’s requests.

If you have a default against you in your divorce, you must contact us immediately because the time to file a written motion (request) with the court to set aside the default against you is short.

After we prepare the divorce petition, and both you and we sign it, we file it with the court and serve it along with a summons on your spouse. That gets the process started and your spouse then has 30 days under most circumstances to respond to the divorce petition. If your spouse fails to respond to the divorce petition in 30 days, we will, at your request, ask the court to enter his “default”, which the court often does immediately.

If you have been served with the divorce petition, we will prepare a timely written “Response” to the divorce petition for you, you and us will sign it, and we will file it with the court. We will also serve a copy of it on your spouse or your spouse’s lawyer.

3. THE USE OF DISCOVERY DURING YOUR DIVORCE ACTION

Discovery is intended to take the gamesmanship out of the divorce and family law process. Discovery includes serving and answering interrogatories (written questions) under oath, producing documents under oath, admitting to certain facts under oath and conducting oral examinations under oath (called depositions).

Discovery also permits you to conduct vocational evaluations on your spouse (if your spouse is refusing to work but is capable of doing so) as well as independent medical and related examinations when your spouse’s medical or psychological issues are relevant to the divorce proceeding. The discovery process during the divorce is not limited to your spouse.

We can issue and serve civil subpoenas to third parties or entities for their personal attendance at a deposition, to produce documents, or both.

Discovery is one of the most important processes in the divorce proceeding. Unfortunately, many family law attorneys either don’t realize the importance of the discovery process during the divorce or are incapable of effectively engaging in the discovery process.

That is why Farzad & Mazarei’s wealth of experience in all aspects of effective discovery sets us apart.

If your spouse is trying to “hide” assets or is playing games with custody or support issues during the divorce process, we will conduct the necessary discovery to expose your spouse’s misconduct and further to obtain all the necessary information and documents from him or her.

Further, don’t worry about your spouse hiding assets or not being cooperative during the discovery process. If your spouse refuses to cooperate during the divorce or otherwise fails to produce what we have requested of him or her, we will file the appropriate motions with the court forcing your spouse to comply with our discovery requests. The court is often asked to intervene when one party is playing games and the court has the power to not only order your spouse to comply but may also impose financial and other serious sanctions for noncompliance. These sanctions may include paying for your legal fees.

What discovery procedures we use is something we discuss with you during the divorce process. Not every case is handled the same way. Some cases require significant discovery. Others require very little. We will go over your case with you at the outset and throughout your matter to determine the necessary discovery your divorce may require.

4. MEDIATION OF YOUR DIVORCE ACTION

Mediation is a formal attempt to resolve some or all of the issues in your divorce.

Mediation of child custody and visitation disputes is mandatory. You and your spouse will be encouraged to seek mediation for all of your issues by the court.

Mediation is especially effective for simple divorces and Farzad & Mazarei will work hard to bring your matter to mediation and attempt resolution between you and your spouse.

For complex divorces, mediation can also be very effective but you must be very careful and mindful of having all the facts before you attend mediation. Often, a spouse in a long term marriage with assets believes that he or she can “work things out” with the other spouse without the need for much investigation or discovery. This can be a recipe for a disaster especially when you are walking into mediation without all the facts.

That is why we ensure the timing of the mediation works to your advantage and, when necessary, we conduct the investigation and discovery during your divorce so that we can maximize what you are entitled to and what you get at mediation.

5. TRIAL OF YOUR DIVORCE ACTION

If your divorce cannot be settled informally (through settlement discussions) or formally (through mediation), your divorce will proceed to trial. Divorce trial are often short (most are 1 day or less) unless there are extensive property or assets at issue, or complex child custody matters.

Prior to the actual trial date, pre trial discussions take place. Most trial judges will request each spouse’s attorney to meet with the judge in an informal in-chambers conference.

The purpose of this conference is to discuss any unresolved issues, the length of the trial, the identity and number of witnesses, the nature and extent of the exhibits, to resolve any evidentiary issues and often to make one final attempt at settling the divorce action.

The trial process is complex and requires extensive preparation, depending on the complexity of your divorce.

Farzad & Mazarei are experienced and successful trial lawyers and set our goals and objectives to getting you the results you deserve.

6. THE FINAL DIVORCE JUDGMENT

After a decision is reached, whether by settlement or trial, a judgment or order is entered.

That judgment outlines the final resolution of all the issues in your divorce action. These include the division of assets, spousal support, child support, child custody and any other orders that are necessary and part of your divorce action.

At Farzad & Mazarei, orange county divorce lawyer we are committed to intelligently and compassionately representing your interests throughout the divorce process.

Divorce (and Other Legal) Documents Online

Use the Correct Petition Form For Your Needs

When you want to create a petition in support of a cause, there are many sites online where you can use a petition form to help you get started. You can use such a form to give you an idea of the main points that must be included in your petition if you are going to have a traditional petition and go door to door collecting signatures.

If you decide that you would prefer to use an online petition for your needs and bring this cause to the attention of a wider number of people, then you use the same form on the site. Type in your information and submit it to get a link to where the petition is posted. You will need this link to let others know how to sign your petition and give you their support.

Before you starting typing any information on the petition form, you need to do some drafting of the proposal statement that you want to use for the petition. Look at sample petitions to get an idea of the type of wording that others have used. You need to state the problem clearly using concise language so that all who read the position will understand your reasons for creating the position.

This should not be any longer than two or three sentences and should include the ways in which the situation is having a negative effect of people, animals or the environment. Along with stating the present situation and explaining the problems it is causing, you should also be able to present logical suggestions for ways in which the situation can be changed. Once you have all this written out by hand, reread it to make sure there are no spelling or grammatical mistakes. The when you are satisfied, you can start filling out this part of the petition form.

Not all petitions are alike and some agencies, institutions and organizations have a specific petition form that you must use. Petitioning is very common in a university setting when students want to have changes made to their status, their grades or the status of their courses. In this case, each university has a specific form for the students to use.

In most cases, such a form is available for download from the school website and it is always available at the Registrar`s Office. When filling out such a petition, students must provide supporting documents that will aid their cause for petitioning. They can also add a personal letter explaining their circumstances if they feel the documents will not provide enough support.

In many states of the US, citizens have the right to petition the legislature to have laws repealed or put to the public in a referendum. In this case, there is a specific petition form that everyone must use. Again this form is available on the website of the state government along with instructions about the petitioning process. While petitioning a university does not require the collection of petition signatures, petitioning the legislature is one in which you must have a fair representation of the population signing in support of the petition title.

An online search will give you thousands of results in the many types of petitions that exist. From these you will get a good idea of the information you need to include and ways in which you should format the petition you create.

Allison Ryan is a freelance marketing writer from San Diego, CA. She specializes in leadership, motivation, and the best ways to gather petition signatures for your cause. To begin an online petition, please visit http://www.thepetitionsite.com/ for more information.

Article Source: http://EzineArticles.com/?expert=Allison_Ryan

Free Divorce Form - The Internet is a Great Place to Look

If you are looking for a free divorce form, they are out there on the internet. Search on Google.com for a free divorce form and you will find them. Usually they are broken out by state. The thing is some are free and some will charge you one penny to a few dollars per form.

I was looking at forms for my state Texas, and there were lots of them. It's not as bad as IRS forms, but it's kind of similar. It's kind of like, "how do I know which form I should use?!" I'm all for the do-it-yourself method, but you've got to be careful and protect yourself. Maybe you could buy a book or talk to a paralegal to find out what forms you need. The problem with the internet is that there's so much information it's hard to know what advice to follow. That's why getting your advice from someone you can trust is important.

But if you feel confident that you know what forms to get than go for it.

My other suggestion is to make sure you know what to do with the forms after you get them. You've got to make sure you know who gets the form after you fill it out and that it's filled out properly--I learned this the hard way. Luckily for me, my mistake only dragged the process on another couple of weeks and didn't really screw things up.

If you have questions I would suggest checking with a legal aid organization or meeting with a paralegal. You might have to pay some for the paralegal but they know what they are doing. You don't think a lawyer fills out and submits your paperwork--the paralegal does that, so they know their stuff.

To get more insider secrets all men facing divorce should know and more tips on finding a free divorce form check out http://divorcesecrets.info for more helpful information.

Article Source: http://EzineArticles.com/?expert=John_R._Roberts

Divorce Forms - What Do They Include?

Before filing divorce forms, there are other documents and forms you have to fill out. Every state has different instructions and requirements that must be met before your divorce forms can be accepted. It would be wise to inquire what these instructions are to your county clerk or search for the information online. Generally, divorce forms include these documents:

Marriage Settlement Agreement
This document is the written form the spouses' settlement. A marriage settlement agreement is a written document of everything the spouses have agreed upon. Completing this document may be longer than expected, especially if animosity exists between the two parties involved.

The court must find the agreement to be fair to both sides and that there was no threat involved. The court must fully believe that neither of the parties was forced to sign this document. If children are involved, their interests must be properly secured; custody and support must be included in the paper before it can be approved. This document should also contain the division of the assets and properties shared during the marriage.

Other issues that should be covered include:

• If the wife wants to and can use her maiden name after the dissolution of the marriage.
• Which spouse claims tax exemptions for dependents.
• Which surname the children will use.
• Whether the tax returns during the year of the divorce shall be filed individually or as a couple.

Financial Affidavit

In some states, a filing a financial affidavit is part of the process. The court will use this document as reference to determine whether financial child support is fair and reasonable. Some states require using specific Financial Affidavit drawn by the divorce court. Others are not so strict; provided you include all financial details and that all information is accurate.

Divorce Complaint

This is the main document in a divorce case. The information that will be listed in a divorce complaint or petition is as follows:

• The complete name of both spouses and their social security number
• Residence address and the amount of time the spouse lived in the state where the divorce is being filed.
• The date and location of the marriage and their separation.
• The names and birth dates of children, if applicable.
• The reason for filing the divorce.

Child Custody Jurisdiction Form

This document is only applicable if the spouses have underage children. Both parties must fill up this form which includes the following:

• The number of children involved
• Basic information like age, social security number, date and place of birth.
• A statement under oath that the child or children are not involved in any other divorce proceedings and that no third party is involved.

Certificate of Divorce

This document is required in most state during the granting of the final divorce. A form is available in your county's divorce court clerk.

Again, there are different set of rules and documents required in each state. If you hire a lawyer to represent you, you won't have to bother gathering the necessary documents. However, if you plan on doing it yourself, finding the necessary information is vital.

Want to get out of divorce the most quickest, inexpensive, and easiest way possible? Go to http://www.divorcekit.com to learn how to perform an easy divorce yourself without lawyers!

Article Source: http://EzineArticles.com/?expert=Jacob_Robinson

Free Online Divorce Forms And Instructions - Where To Get Them

Many courts today are making it easier for couples to get a divorce without the expense of hiring an attorney to help them along the way. The Internet contains hundreds of web sites that claim to offer these forms to people for free.

A word of caution to those who attempt to go through with the divorce process on their own.

It is VERY important that you are certain you are using forms that are correctly formated and have been approved for use by your states judicial branch. If you attempt to try and use generic divorce forms that you have downloaded from the Internet, you may be disappointed to find out that those forms will be rejected by the court. If that happens, you could put the outcome of your divorce in jeopardy. To obtain divorce forms and information specific to your state you may elect to visit the web site referenced below.

Answers To Common Divorce Questions:

What is an "Uncontested" or "Pro-Se" divorce?

An uncontested divorce is one in which the parties negotiate their own settlement rather than going to trial and letting a judge decide the issues for them. Many people find that an uncontested divorce will benefit them for several reasons. The process seems to be faster and less expensive. The parties maintain control over their future by reaching their own decisions. The Court does not impose a judgment on them after a trial. The parties are also better able to maintain (or establish) a civil relationship if they are not involved in protracted litigation with all of the positioning and leverage that a trial may invoke. The reduced hostility makes it easier for divorced parents to raise children together.

Do I need a lawyer?

You do not need to have a lawyer, but it is a good idea to retain one if you and your spouse do not agree on the terms defined in your Petition For Divorce or if your spouse has a lawyer. If you are afraid for your safety or your children's safety, or if you want help with your divorce even if you started the divorce without a lawyer.

What does uncontested mean?

Uncontested means your spouse has agreed with what you have asked for in your Petition For Divorce, or your spouse is not fighting your Petition For Divorce, or your spouse does not answer your Petition For Divorce before your court date.

How much will it cost to file for a divorce?

When you bring your Original Petition For Divorce to the court clerks office for filing, you should expect to pay between $250.00 to $300.00 depending on your state and your county. You will also need to have several forms notarized. A notary will charge between $5.00 and $10.00 to notarize a document. When children are involved, other additional court expenses may arise if the court orders DNA tests or drug screens. These tests typically cost $125.00 for drug screens and $500.00 for DNA tests. If the presiding judge over your case orders you or your spouse to submit to these tests, in most cases they will require you to take them the same day you appear for your initial hearing. Also, most often when children are involved in the divorce, the court will appoint an attorney for the children. This is done to have a neutral opinion on the children's best interests. The typical fee for the Ad Litem attorney is around $500.00. You are expected to pay this fee and any other court ordered expenses promptly to avoid the possibility of putting your case in jeopardy. The judge may not allow you to wait until you get paid. Some judges may want to test to see if you have a support group with enough resources to act on behalf of the children in an emergency type situation. This will be the case even if you are able to get the judge to agree to an "inability to pay affidavit." This affidavit is only for paying the court cost for filing your petition and not the judges special orders. You will be required to pay for court ordered drug tests, DNA tests, parenting classes, Ad Litem legal fees, etc.

Can I get legal advice from employees of the court?

No. Only lawyers can give you legal advice. No one at court can tell you what to do about your case. This means you cannot ask the judge, court clerks or other court staff for advice about your case.

If you do not use a lawyer, make sure that you learn about your rights. Getting a divorce can be very complicated. Even if you cannot afford to hire a lawyer, you should try to speak with a lawyer in your area about what to put in your Petition For Divorce. Some lawyers will give you advice as you need it. This is called "unbundled services". Other lawyers are only available if you retain their services.

What does "grounds for divorce" mean?

Grounds for divorce is the term used to describe the reason(s) you are seeking a divorce. You can ask the court to grant you a divorce based on adultery, cruelty, abandonment, your spouse has been convicted of a felony offense and has been incarcerated. You have been living apart, or your spouse has been committed to a mental institution with little or no hope of recovery. These reasons are not all inclusive. If you are uncertain as to what grounds for divorce you wish to claim then you will want to consult with a licensed attorney or your local legal aid office.

What if I do not know where my spouse is living or how to contact them?

You do not need to know where your spouse is in order to get divorced. However you will need to complete a few special forms which will prove to the court that you have done everything within reason to try and locate your spouse.

What can I do if my spouse is hurting or threatening me or my children?

Every state has laws designed to protect victims of family violence whether they are getting a divorce or not. If you have already filed for a divorce, the court may grant you emergency orders to protect you and the children involved in your divorce. If you have not started the divorce process, you can apply for a protective order if you fear that you or your children are in danger. Your local woman's shelter, county attorney's office, district attorney's office or your local legal aid office can assist you in applying for a protective order. To locate the office nearest you and to obtain information on the various services they can offer please contact the National Hotline For Domestic Violence at 1-800-799-SAFE.

Below is a list of some of the forms you will need to complete a do it yourself divorce:

Complete Step By Step Instructions Set

Original Petition For Divorce

Original Answer Form

Waiver Of Citation

Affidavit For Inability To Pay

Affidavit For Citation By Posting

Certificate Of Last Known Address

Certificate Of Service

Final Divorce Decree

Testimony For Divorce - What To Say In Court

Supporting Affidavit For Citation By Posting

Citation Legal Notice

Affidavit For Default Judgment

Statement Of Evidence

Citation Of Substitute Services

Child Support Order

Parent Rights And Duties

Child Visitation Order

Support Order For Employer Withholdings

Out Of State Spouse Affidavit

Application And Instructions For Protective Order

Marriage Settlement Agreement

Divorce Order , Child Visitation Order, Custody And Support Order Modification Kit

Child Support Information And Calculator

Frank Adams - Site Editor - http://www.mydivorceusa.com/

Article Source: http://EzineArticles.com/?expert=Frank_Adams

How Should You Respond to a Divorce Petition?

If you have been served or accepted service by mail of a divorce petition, there are probably a great number of concerns weighing on your mind. It is very likely that such a petition signals some significant changes to your life, and you may be feeling a great deal of uncertainty about the future and asking yourself a number of questions about what comes next.

In fact, answering the petition is the first item on your growing list of things to do. If you do not answer the petition within 30 days, you will be considered in default and as a result may forfeit your right to contests issues like child custody or property division.

Why Answer Should You a Divorce Petition?

By answering, you acknowledge the filing and receipt of the divorce petition. In your answer, you will most likely respond to requests or allegations that the petitioner has made. Your response may be in agreement with the petitioner or in objection, and it is entirely possible that you may answer in agreement on some parts of the divorce petition and disagree on others.

If you and your spouse are in complete agreement on all divorce issues, you may simply file an answer indicating your agreement to the petition. This allows the petitioner to go forward with an uncontested divorce. As you prepare your answer to a divorce petition, you may want to consult a divorce attorney to consider the divorce laws governing your area and how these laws will affect your case.

What Makes Up an Answer?

Your answer to the received divorce petition should provide responses that are as clear and direct as possible to each statement made by the petitioner. You will need to clearly agree or disagree with the petitioner's position on each and every divorce issue. If necessary, you will be asked to provide explanation to expand on your answer. You also have the right to make demands of your own in your answer to the initial petition.

In some states, forms will accompany the petition. These forms are to simplify the process of answering. They usually contain checkboxes that cover each issue, and respondents may check off their agreement or disagreement individually. Space is also provided for specific responses, as well as space where the respondent can list any demands or requests the petitioner may have.

If You Are Unsure How to Proceed, an Attorney Can Help

For many people, a divorce petition may represent their first meaningful exposure to the court system and all of the procedure and paperwork that allow our courts to function. It may not seem like a manageable or user-friendly experience, but a divorce lawyer can help with this. Your divorce attorney can help explain what is being required of you and help you make sure you are very clear on the effects of your various choices or responses. Even at this very early stage of the process, a divorce lawyer can help you think through your answer to a divorce petition, setting the right tone for all of the action you will need to take going forward.

Deborah Smith
Writer about divorce and family law at http://www.totaldivorce.com

Article Source: http://EzineArticles.com/?expert=Deborah_E_Smith

Deborah E Smith - EzineArticles Expert Author

Thursday, July 16, 2009

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