Understanding Divorce Forms
Let’s face it: no one really likes legal forms. Heck, many lawyers don’t even like all the fine print involved with printing, reading, and revising legal forms. Many people who aren’t lawyers don’t even like to hear about them - they just want to know where to sign so they can get on with the rest of their day. So when someone hands you a divorce form, it just compounds on something you already may not enjoy. Why? Because the divorce process is never easy: it’s rarely easy legally, and it’s almost never easy emotionally.
That’s why at least understanding the forms you’re signing will help the process to be smoother than it otherwise is. In fact, this is great advice for any legal problems you face, but when it comes to divorces, it can give you a tremendous advantage because it means that knowledge is on your site. And, as the saying goes, knowledge is power. Let’s take a closer look at common divorce forms to see what’s going on in the legalese.
The first form that will be filled out in a divorce is the actual divorce petition, a form that has to be signed by both parties and will be sent in to the state in order to begin the divorce proceedings in earnest. These are the papers that are sent to the other divorcing spouse by the person taking action to begin divorce proceedings - if the other party does not sign them or resists somehow, the person making the petition will typically hire a professional server.
Once the divorce petition is filed with the state, there will be forms that have to report the assets and property of each party in the divorce. These forms and reports need to be accurate so as to ensure that both parties can reach a marital separation agreement - this agreement divides up property and will require that both parties can ultimately both sign it. This is a very crucial form to reach, as this agreement will generally wrap up the main divorce proceedings and allow both parties to go their separate ways with their new lives ahead of them.
There are other issues that may come up along the way in a divorce proceeding, however. For example, if one side continues to contest the divorce, there may be an official court hearing to rule on the divorce proceedings and generally outline what will happen. These court hearings are generally not required if the divorce is amicable, but if there are problems between the two parties, there certainly could be a divorce hearing in their future.
There will also be the question of child custody, which is generally agreed to either in the marital separation agreement or is doled out by the court during a hearing, if both sides are pressing for child custody.
Understanding which divorce forms really matter for you and your goals is not only something your lawyer should think about - it’s something you’ll want to be aware of if you expect to fight for what you deserve.