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Preparing for Divorce - Common Forms and Pleadings

by: sundance82( 644Feedback score is 500 to 999) Top 5000 Reviewer
2 out of 3 people found this guide helpful.
Guide viewed: 1069 times Tags: legal forms | divorce | custody | marriage | relationships


Divorce is difficult, but you can make the process easier on yourself by understanding the common forms and pleadings you are likely to encounter, and what to expect when you go to the lawyer. Prepare yourself ahead of time by knowing:

  • Birthdates, birthplaces and social security numbers of all family members.
  • Your spouse's work address and income.
  • In most states you must be separated from your spouse for at least 60 days before you can file, be sure to check your state codes.
  • Time is of the essence if there are children involved. You want to be the first to file for custody because the judge may sign custody to the first petition that comes before him.


The most common divorce types and their pleadings are:


Type:  Uncontested - no children, no property:  This is the simplest, quickest and cheapest form of divorce.  Only possible when both parties agree and there are no children or property issue involved.

  • Petition for Dissolution of Marriage :  May be filed by either of you. The filing party is called the Petitioner and the spouse is called the Respondent. 
  • Waiver (of counsel):  Signed by the Respondent and filed with the petition. This means Respondent agrees to the divorce and waives the right to hisor her own lawyer.
  • Property Agreement:  Even if there is no property or debt involved an agreement must be signed by both parties and entered before the judge.
  • Deposition of Petitioner:   This takes the place of going before the judge in court. The Petitioner gives a sworn statement of facts to a lawyer to be presented before the judge, who then grants: 
  •  Dissolution of Marriage; Order and Judgment:  Simple divorces are usually granted within 60 days. Cost can range from $600.00-$800.00.


Type: Contested divorce
Both parties go through a lawyer. If there are any money or child custody issues you can't resolve between yourselves you will have to slug it out through the lawyers. In addition to the Petition for Dissolution, possible Motions and Petitions may include:

  • Petition for Temporary Maintenance: When one spouse is dependant on the income of the other the court may order payments to the dependant spouse.
  • Petition for Temporary Use of the Marital Home (and/orAutomobile): Useful when children involved need to stay in the home. 
  •  Petition for Temporary and Permanent Custody: If you do not agree on Joint Custody, one parent must be designated residential custodian, regardless of visitation. You want to be the first to file this Petition as the judge may grant custody to whomever files first if there are no extraordinary circumstances.
  • Petition for Visitation: If sole custody is granted to one parent, the other may demand visitation. A schedule is set by the Court in accordance with the guidelines in your state.

Guide ID: 10000000002105065Guide created: 10/10/06 (updated 03/11/08)

 
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