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.
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