Divorce Petition & Dissolution of Marriage Forms
Make Filing a Divorce Petition Easier
Getting divorced and filing a divorce petition is a life-changing, difficult event. If the parties are able to agree on terms, filing an uncontested petition for divorce can make the process much smoother. The divorce petition forms lays out the important terms agreed upon by the couple, such as division of property and debts, child custody or shared parenting plan, responsibilities for child support, spousal support, and any other agreed upon issues. Often, if the spouses have been legally separated, the separation agreement can be approved by the court and incorporated into the final divorce decree.
Other divorce papers that may be required to be filed along with the divorce petition include financial statements, a parenting plan, affidavits in support of the petition, and a certificate of service. Precise requirements vary by local law, and many online legal forms are generic and not tailored to state requirements. US Legal Forms offers professionally designed, state-specific uncontested divorce form packages, as well as a vast selection of related forms and motions to meet your needs.
Some of the matters that may be included in a divorce petition include:
- Date and place of marriage and identifying information about the couple and any children. US Legal Forms offers a divorce forms package for filing for divorce with or without children, or adult children only.
- Residency statement. Some states require the couple to have been living separate and apart for a minimum period of time and most states require one of the parties to have been a legal resident for a specified period before filing the petition for dissolution.
- The grounds for divorce. In a petition for an uncontested divorce, this will often be stated as irreconcilable differences or a similar statement to that effect.
- Listing of community and separate property. US Legal Forms offers a divorce petition form for community property as well as non-community property states.
- If there are minor or dependent adult children, terms of child custody and child support, a parenting plan can be included when you file for divorce, and in some cases will be required by state law. Parenting plans detail the rights and obligations of the parties toward child support, child custody, visitation, insurance, tax matters, etc.
- Restraining order to prevent dissipation of marital assets. This is to prevent the spouses from selling or transferring joint assets during the divorce proceedings.
- Requested orders from the divorce court. Typical orders requested involve division of debts and assets, child custody, child support, alimony, and name change of the wife, restoring her to her maiden name. Other relief may be requested according to the individual circumstances in each case.
Some of the forms that may accompany a divorce complaint include:
- 1. A stipulated judgment order for the court to sign and enter into the divorce records. The parties may prepare a order for a final divorce decree that contains the terms agreed upon by the spouses, making it even easier for the court to approve and grant the requests made in the petition for dissolution.
- 2. Financial affidavits or other affidavits in support of the petition for dissolution. Financial statements are often required by state law to calculate child support and other payment. Child support guidelines exist in many states for judges to follow, based upon incomes calculated in financial worksheets. Financial statements may also be required to be submitted with or with out children under local law, unless waived by the parties.
- 3. A certificate of service, also called proof of service, which verifies that a copy was served on the respondent, according to the local civil rules of procedure. In some cases, a waiver of service form may be signed by the respondent so that formal service of process isn't necessary. It's possible to request service by publication in local newspapers when the petitioner can prove that the other spouse hasn't been able to be served by other means, isn't in the military, and has been unable to be located after a diligent search. If the defendant spouse can't be located, US Legal Forms also has forms to obtain a default divorce after a judge allows service by publication on the absent spouse.
The above examples are to give you an idea of the basic terms and documents involved in the divorce process. Specific forms and procedures will vary by local area. The state-specific divorce forms package offered by US Legal Forms contains the forms required by your state, and easy to follow instructions and explanations to make it simple to fill out and file your divorce papers. The forms can be previewed before downloading and a completed sample divorce petition is also available if you need further guidance on completing the form. If you're looking for an affordable way to get a divorce on your own, US Legal Forms has the forms professionals trust.