Friday, June 8, 2007

Divorce Filing Forms: What Are They?

Faye B. Roberts

Divorce filing forms or divorce papers are part of the litigation process when two people decide to dissolve their marriage. Either the litigants can file the papers or if they use a lawyer he/she can file the papers. Any type of legal document will have certain standards, especially when it comes to divorce laws for your state or county. Seeking the advice of an attorney will help you in outlining all the things you desire from equity gained in your marriage, including any property or personal belongings, and child custody.

Each state or country has their own guidelines when it comes to divorce filing forms. Before you can proceed with filling out any legal documents, it is wise to get the forms from your government office. There are also web sites that offer divorce filing forms online, but be careful and always double check with an attorney to ensure their validity. Once you have the papers, your next step should be figuring out what your priorities are for the divorce proceeding. This will involve listing the assets you want to take with you, who will be seeking custody of any children involved, and how health insurance and taxation issues will be dealt with during the divorce. This will take some time for contemplation, and your lawyer can guide you through the process. By divulging your goals and letting your lawyer know exactly what you want, he or she will be in a better positioning to bargain for your concessions.

Once you have divided up and listed the assets you want, then you will begin the process of filling out divorce filing forms. These documents have a basic outline, and will have variations when you reach the child custody laws. Having a knowledgeable lawyer is extremely important to be sure the information is correct and concise as with any legal action that is dictated by the laws and requirements of the state or country. A lawyer will also help you obtain the correct documents if your particular jurisdiction has their own variations. The first part of these legal documents that will be filed in court is the name and address of the jurisdiction, the names of the parties involved in the case, and a case number for future court reference. These comprise the "captions," or upper portion of the first page. There is a section called a "notary clause" in these legal documents, which is a sworn statement by a notary public that the filing individual are who they claim to be. When an individual signs a notarized document, they must provide physical proof and swear in front of witnesses about their identity. In some instances, someone other than a lawyer may help you fill out a legal form. There are new stipulations in the papers that requires non-lawyers to disclose themselves to the court so the legal system will know who was involved in filling out the papers.

The Federal government requires individual states to dictate and supply their own forms regarding child custody laws. It is important that you obtain the correct forms before filing for divorce. The type of custody law you should follow will be determined by your own situation. In instances where child custody will be a pressing issue throughout the divorce, it could be worth your while to seek counsel from a child support lawyer, since the majority of battles over child custody revolve around income levels of the custodial parents. When considering how to apply for child custody, the divorcing parents must come to an agreement on whether or not joint legal custody, joint physical custody or sole custody will be sought. Once the custody litigation is understood, divorce proceedings can continue to the next level.

Be completely honest with your lawyer and be sure all your demands are written down and legally documented in your divorce filing forms. The worst thing that happens is for surprises that come out in this procedure. If your attorney is equipped with truthful knowledge they will be ready and able to handle problems when they rise.
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Faye B. Roberts is an independent researcher who done extensive research on the topic of divorce and divorce related issues.Divorce and the Family is a simple solution to a complex problem. For more info on divorce visit:
Divorce and your Family
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1 comment:

Layne Adams said...

Hi there this is such an impormative post. Thank you for sharing. Cheers!

- The Divorce attorney North Andover MA