Divorce Papers: What, How and Why?
Guest Blogger: Lisa Levis
Divorce is the disintegration of the union formed by a marriage. In the recent years, divorce rates have increased notably, due to changed social and cultural circumstances. Previously, marriage was considered as an unbreakable bond between two persons. But new values and financial independence have raised the cases of dissolution of marriage all over the world. A divorce is not only a family matter, but also a legal process. Therefore, it is essential to know the requirements and legalities related to case proceedings of the court.
The most important factor in any kind of divorce is divorce papers. Here are some details about these documents.
What are divorce papers?
Divorce papers are the necessary paperwork that is to be submitted for every divorce case. Basically, these are the legal documents that contain the details about a divorce procedure. Divorce papers contain forms, disclosure papers, court orders. Following are the main types of these papers:
- Petition for divorce: A spouse has to make an appeal in the court requesting dissolution. That is known as a divorce petition. It is also called ad filing a case against a partner or a divorce complaint. These documents may contain the identification details of both spouses and the grounds on which the case has been applied. They can be filed either individually by a spouse or jointly by both of them.
- Appeals for related issues: A divorce is related to many issues, like alimony, child support, temporary support, custody of children, division of property, etc. any appeal made concerning these matters, will be a part of divorce papers.
- Court decree: In a contested divorce, both parties make presentations of the case in local court with the help of their attorneys. After the case hearings, a court declares the decision in a written form. It is called as a divorce decree. It is vital part of the whole process of dissolution as it contains orders related to issues of financial support and custody.
- Settlement agreements: If a divorce is taken by mutual consent, such couple will form an agreement over all issues. It is a signed by the court authorities and both partners.
- Property disclosures: Sometimes, partners are required to give all details of the assets and liabilities earned by them in the court. This is known as the disclosure of assets. Separate property and community property will be then divided according to the court discretion. All financial papers regarding this matter will be considered as divorce records.
Apart from these types, any document submitted in the court for a divorce case, will become a part of divorce papers. These are official documents that turn into divorce records after the case. These records are maintained by the legal authorities in that particular state.
How to file divorce papers?
Divorce papers can be obtained in the court office. Another option is to get them online. Many websites provide do-it-yourself kits of divorce forms. Thus, you can obtain them by downloading their copies. These papers are to be filed with the local county court by paying the required amount of fees. You can take help of the lawyer or the court clerk while filing the divorce papers.
The applicant for a dissolution should have the knowledge regarding legal provisions in the state laws, while filling divorce forms. The residency requirements and property matters differ according to the states. Therefore, make yourself acquainted with the state laws before opting for submission of these papers.
Why the divorce papers are important?
Divorce documents are the necessity of any divorce case, as they initiate the legal procedure in the court. Without registering in the court, no divorce case can be carried out. Therefore, the utmost importance is given to the filing of divorce papers. If a spouse files incomplete documents in the court, he or she would not be allowed to have a legal dissolution.
As these papers are part of state documents, one should take great care while filing the final documentations. Also, keeping a copy of all related papers with you will save you from the future trouble. If one spouse is not aware of a court case, service of required documents to such partner is necessary. For servicing the papers, there are many options available.
In this way, divorce papers form an integral part of a dissolution process. Common people may find it difficult to comply with the complicated requirements related to these documents. Therefore, it is advised to make deeper study of the state laws and exact formalities before applying in the court.
Lisa Levis is a freelancer who has an expert knowledge on the legal matters regarding divorce and provisions in the state laws. You may find further information about divorce papers on the website www.edivorcepapers.com. For the individual issues regarding divorce, there is a legal advice available on the www.edivorceadvice.com.