Friday, April 13, 2012

What Are The Divorce Filing Forms




There are three basic components of any divorce:1) The financial disclosure document, which outlines the income and expenses of the individuals of the marriage and the combined assets and debts of the marriage.2) The Property Settlement Agreement, which details the division of assets and debts of the marriage (and Child Care Plan, if minor children are present) and to communicate to the Court that the couple is in agreement of the terms of the settlement.We have focused on these first two components in other articles posted on this site.3) The third major component of any divorce is the filing forms section, which include the petition or complaint, judgment or decree and other required legal documents that make the case for the couple to be granted a divorce.In the US and Canada, filing forms are state/province-specific. In Australia, Cayman, Bahamas, and St. Lucia, the filing forms are national. In India, they are organized by religion.The purpose of the filing forms in an uncontested divorce is to lay out for the Court the grounds for the divorce and to ask the Court to accept the Property Settlement Agreement of the divorcing couple.The requirements are very specific for these forms with very little leeway for variation.Let's look at the filing forms requirements for one US state as a way to see the breadth of possible requirements in other states.(Note: the "petitioner" is the one who files for the divorce and the "respondent" is the other party in the divorce.)A) Petition for Divorce: The petition states the residency of the parties, names and address of each, acknowledges the jurisdiction of the court by both parties, states the date of the marriage and of the separation, children if any, and refers to the Property Settlement Agreement that both parties submit to the Court. The document ends with a request for restoring the former last name of the wife, if desired and states the grounds for the divorce, the irretrievable breakdown of the marriage.B) Acknowledgment of Service: The respondent acknowledges he/she has received a copy of the Petition to Divorce and waives further notice or service regarding the case.C) Waiver of Venue: The respondent agrees to submit to the jurisdiction of the court that the petitioner has filed the divorce in.D) Verification: The petitioner swears that the facts of the Petition for Divorce are true.E) Consent to Trial: This document signals the agreement of the petitioner to set the matter for a hearing thirty-one days after the filing of the Acknowledgment of Service.F) Final Judgment and Decree: This document signals the Court's acceptance of the grounds of divorce for the parties and the Property Settlement Agreement and Child Care Plan signed and submitted by the parties. The document grants the final divorce and is signed by the judge.The above summary and explanation of the filing forms for one US state should give the reader a general idea of what is provided in the filing forms for other states, provinces and countries. They vary widely in terms of their requirements.Any reputable provider of divorce documents will not only include a comprehensive Property Settlement Agreement (and Child Care Plan, if minor children are present), but will also provide the Financial Disclosure Documents and the Filing Forms discussed here.(Nothing in this article is intended to be considered "legal advice." An online divorce site can give you the tools to complete your divorce but, there is no substitute for sound legal advice from a lawyer from your jurisdiction looking at your situation strictly from your point of view when seeking a divorce.)


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