Divorce Papers & Forms - Divorce Papers
Managing divorce papers can be challenging. Since each state has its own regulations, the list of divorce forms that couples need to provide to authorities may differ. This is where US Legal Forms empowers you to save money and hassle on attorney services. Our largest online library of legal templates provides state-specific divorce documents, verified by experts. Most template contains general descriptions as well as guides and recommendations on how to file them. The documents are available in PDF or DOCX formats. Once subscribed with US Legal Forms, you can complete and sign them online or download and print out templates in a few clicks.
Select a state to find the divorce form you need Dissolution Of Marriage
Types of Divorce No Fault Divorce
A family breakdown is not only emotionally difficult, it entails a long, complicated, and expensive juridical process. On top of that, you’ll need to prepare and submit all the different types of required documents. Each couple has individual circumstances that determine the type of divorce they’ll need to file for and how this process will proceed. The divorce type depends on whether the couple agrees on certain issues, whether they have children or valuable assets in marital property, and what the major reasons for divorce are.
Uncontested divorce — this is a “friendly”, no-litigation divorce. Therefore, it’s the most economical type of divorce as the couple negotiates all terms of their settlement and resolves issues peacefully. After agreeing, each party should prepare their documents and file for divorce separately.
Contested divorce — this type is the most costly, involving court hearings as one or both party members disagree on some terms of marriage termination (e.g., on alimony, child custody, or property division). Each spouse has their divorce attorney representing their interests.
No-fault divorce — this type is sometimes called “irreparable breakdown of the marriage” and implies no serious reasons for divorce. One spouse can file for divorce even when another partner disagrees about splitting up. A divorce lawyer’s assistance is not necessary for this situation.
At-Fault (or Fault) divorce — this isn’t recognized in most states but is legal in others. It involves one party seeking a divorce due to serious wrongdoings of their spouse (e.g., adultery, abuse, violence) or other serious grounds (spousal abandonment, mental illness, imprisonment, etc.). The one who files for divorce must prove the “fault” of their partner, and if successful, can receive benefits like a larger share in asset division, more spousal support, etc.
Limited divorce — this type is only available in some states and is similar to a legal separation. It’s monitored by the court and involves the couple seeking more time while resolving their legal issues before terminating their marriage.
Summary divorce — this is similar to the uncontested divorce but is typically faster, cheaper, and requires less paperwork. It’s available for couples who do not have children, significant assets, or debts. And, when both parties agree to pay the court fees, don’t request any spousal support, and sign a property division agreement.
What is an Online Divorce? Online Divorce Papers
Online divorce is a relatively new notion. It’s not a legal procedure of marriage termination, but it is an option to prepare all the essential paperwork and file for divorce online via specialized legal services. These services assist in organizing and completing the paperwork according to the local state laws, but they don’t officially divorce. To get a legal marriage termination, it’s required to go through a court procedure that will review and finalize a divorce.
This is a good way for couples to save money on attorney fees and legal consultants. However, it’s only available for those who are seeking an uncontested divorce, i.e. both agree to the family breakdown and have no disputes on its terms (alimony, child custody, property division). If the couple can’t agree on the above, they are not eligible for this option.
Preparing documents and filing them online is also called the “do it yourself divorce” or DIY as spouses do all the necessary work on their own, without engaging a lawyer or mediator’s help.
How to File for Divorce Online: a guide for a DIY divorce Legal Divorce
Despite family laws differing throughout the states, there are some general guidelines on how to arrange the divorce. Follow the guide below to compose your paperwork properly:
- Discuss all terms of your marriage dissolution with your spouse. You must agree on all points to be eligible for uncontested, no-fault divorce.
- Decide where to get a divorce and where to file your documents. Choose your application location according to both parties’ residences.
- Review your local family laws, the specifics of divorce court procedures, judicial fees, etc.
- Go to the US Legal Forms website, create an account with a valid subscription, and select your state of jurisdiction to get the suitable divorce templates.
- Check the package content, look through form descriptions, and Preview documents before buying and downloading them.
- Fill out all the necessary forms by providing complete and accurate information about both spouses, marriage details, reasons for divorce, etc.
- Prepare and add supplemental documents to your form package before filing it.
Divorce-related terminology Divorce Documents
1. Alimony (or spousal support / spousal maintenance) — this is a legal duty of one spouse to provide financial assistance to another spouse after divorce. It’s applied by a court decision when one partner has been financially dependent and can’t support themselves on their own for a legitimate reason.
2. Assets (in terms of family law) — any valuable marital property that both spouses own from (the moment of) getting married and which they divide during a divorce process (e.g., real estate objects, cars or other vehicles, shares, cash, jewelry, etc.).
3. Child Custody — is the legal term for guardianship, a set of rights and responsibilities parents have over their children after divorce. Depending on the case, the court may determine a joint (equal) or sole custody of parents over their children, physical or legal custody, or provide terms of visitation.
4. Child Support — this is financial maintenance of a child that one spouse (the obligor) has to regularly provide to the ex-spouse or legal guardian (the obligee) due to the judge’s decision following the divorce. The terms and amount of such support differ from state to state.
5. Debts — all family debts and obligations comprising any liabilities one/each of the spouses took during their marriage (various loans, tax responsibilities, etc.), which the court considers while dividing the property during the divorce process.
6. Divorce — a legal process of marriage termination/dissolution designated by local family law acts in each jurisdiction area.
7. Grounds — the circumstances which the divorce law defines as considerable for a person to claim termination of the marriage (adultery, cruel treatment, domestic violence, etc.). Each state has its regulation over reasons for a divorce.
8. Complaint — a legal form (also considered a petition for dissolution), which one spouse files to the court to start the juridical procedure of divorce. It contains information about both partners, details about their marriage (when and where it was registered), and the reasons why they decided to terminate it.
9. Divorce mediation — an alternative way the couple can resolve their divorce-related issues without the need to go to court. A mediator (an independent third party to the process) helps the partners negotiate and find the best solutions for both parties and their children (if any) regarding the family assets division, child custody, support, visitation hours, etc.
10. Prenuptial (premarital) agreement — a legal contract between the spouses signed before getting married to protect their rights, personal property, savings, set the alimony responsibilities, and assets division in the event their marriage ends in divorce or the partner’s death. The terms of a prenup are always considered during the divorce process.
FAQ Quick Divorce
What divorce papers do you offer? Divorce Law
US Legal Forms provides users with all the essential divorce papers, including state-specific Marital Settlement Agreements, Community Property Agreements, Annulment Petitions, Financial Statements, Complaints for Uncontested or No-Fault Divorce, Petitions for Dissolution of Marriage, Modifications of Alimony and Child Custody, Motions to Modify Child Support and Spousal Support, etc.
Do I need an attorney to file for divorce online? Divorce In Law
No, online divorce is a do-it-yourself service that involves couples preparing all paperwork themselves upon agreement with post-marital arrangements. All you need to do is locate the correct bundle of forms specific to your state requirements, complete them accurately, and file them together with the rest of the supporting papers to your court of jurisdiction. However, if you’re unsure about having completed them correctly, you may ask a divorce attorney for consultancy.
How long does online divorce take on average? Divorce Documents Online
Online divorces don't take long, however, the length of the process depends on many factors of the case – including local laws, time to collect the necessary documentation, form accuracy and completion, valuing of family assets, and the court schedule.
What are the legal grounds for divorce? Do It Yourself Divorce Papers
The most commonly recognized grounds for divorce are adultery, abuse, violence, and sexual harassment. Some local laws may also include imprisonment and mental illness, as well as irreconcilable differences and incompatibility of the spouses.
What is the difference between annulment and divorce? Laws On Divorce
Divorce is the factual termination of marriage irrespective of the reasons a couple has for it. An annulment is a process of recognizing marriage as invalid due to some circumstances and its legal cancellation.
How is spousal support calculated? Divorce Paperwork
Spousal support depends on the state laws that determine the amount based on both spouses’ wages, length of the marriage, the family’s standard of living, spouses’ health conditions, grounds for divorce, etc.
How do I enforce a premarital agreement? Divorce Forms Online
Prenups are enforceable when they meet the following conditions: they are in writing, contain rights and responsibilities of both parties for property and other family issues, no rights are being violated, and they are signed voluntarily before a wedding.
How do I decide which state court to file for marriage disclosure? Divorce Online
Couples should file papers for divorce to their state of jurisdiction. If you’re unsure about which court to file your divorce forms, ask your local court clerk or an attorney.
How is a child support order enforced? Divorce Forms
YIf the spouse obligated to pay child support after a divorce doesn’t make payments, you can apply to district attorneys or state attorneys to help you enforce those payments. This can be done via tax refund interception, wage or property seizure, and other methods described in the Child Support Enforcement Act of 1984.
More Divorce Information Divorce Marriage
Divorce CategoriesCommunity Property
Divorce by Publication
No Minor Children
Filing a DivorceAnswer to Complaints or Petitions
How to File for Divorce
Waiver or Proof of Service
Other Divorce Paper
Ideal to assist you to represent yourself or assist your attorney. If you are hiring an attorney, completing this form before the initial interview and providing it to your attorney will save you money.
Learn more about the divorce process using the Divorce Questionnaire.
You may also want to try the Child Custody and Visitation Questionnaire.
See also - Family Law - Modification - Contempt Questionnaire.
Tips for Preparing Divorce Papers & Forms
- Make sure that you’re entirely ready to file for divorce. Breakup is a tremendously complex experience from an psychological, legal, and financial standpoint for all parties involved. separating with your husband or wife might be a short-sight choice to start new chapter in your life. Before creating Divorce Papers & Forms and initiating the separation process, take into consideration all the alternative choices. Discuss it with a marriage consultant or try therapy. Take as much time as you need to make the most rational decisions.
- Put together Divorce Papers & Forms and other important documents to terminate your marriage. Whether you start divorce yourself or with an attorney’s help, getting all your forms organized and structured will pave the way for success. Ensure you don’t leave out essential papers. If you decide to a do it yourself divorce, you can use US Legal Forms as professional online documents supplier and find all the required files to start the process.
- Try to achieve a preliminary arrangement with your partner. It becomes even more crucial if kids are involved. Try and discover common agreement on child custody and visitation. Plan in advance how you break the news about divorce to your children in a much less harmful way as possible. Discuss with your spouse the items you’re ready to split, give up, and claim. In this way, you receive a chance to file for an uncontested divorce and make the entire process less painful for all parties involved.
- Keep yourself well-informed about the subtleties of moving forward with divorce in the state of your choice. Each state has its own jurisdiction regarding who, when, and how|and just how someone can proceed with divorce. You can choose a state to file for divorce, but you need to consider a list of nuances regarding the dissolution of marriage regulation in the selected state before you proceed with drafting the Divorce Papers & Forms. These include but are not limited to statutory and residency requirements, community property rules, and so forth.