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Divorce Forms and Divorce Papers
Your divorce papers should include provisions for child support, custody, property, settlements, etc.
While divorce can be a very trying time in your life, you need to focus on
protecting your future by making sure that your divorce papers are drawn up
carefully. Because of the legal technicalities involved in most divorce
proceedings, it is wise to retain a qualified divorce lawyer.
If there are no children involved, and
very little debts and assets, you have the option of filling out your own
divorce papers and filing them yourself. The following page has
state specific divorce forms. You can also get more information on this option at our
section on
Do It Yourself Divorce.
If you take this route, take your time filling the divorce documents out, as they are legally binding and the provisions can affect you for a long time.
Whether a lawyer prepares your divorce papers or you do, you should have
the following documents on hand.
insurance papers
birth certificates
marriage license
property deeds and titles
vehicle titles
last years tax records
bank account information
mortgage accounts
loan accounts
pension or retirement accounts
If there is a history of violence, or the threat, your lawyer will probably file
a temporary restraint against domestic violence. You should also file for
temporary custody, child support, and interim relief. If your state requires it, you
should sign up for the required parenting class.
Your Divorce Papers Should Contain Provisions For:
Custody (sole or joint) of the children
Visitation schedules and any exceptions
Child support calculations, and how payments are handled
Any restrictions on moving out of the area
Who will carry insurance on the children
Which parent claims the children as tax dependents
Division of property, and how titles and deeds will be transferred
Division of checking, savings, and investment accounts
Division of debt
Indemnification of future debts
Settlements (lump sum is preferable)
QdroDesk - is an online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. Combining 45 years of expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
Once your papers are drawn up, take them home and read over them very
carefully. These are legal documents and the stipulations in them will affect you for a long
time. If you feel uncomfortable with anything, or don’t understand something contained in your
divorce documents, discuss it with your lawyer before you sign anything. Don’t sell yourself short
just to get out of a bad marriage.
Once your divorce papers are signed, your lawyer should take care of presenting it to the
judge for signing and filing your final divorce decree at the courthouse. If you received property,
have your lawyer draw up a quit claim deed and file it at the courthouse. If
you received any vehicles, have your ex sign over the title in the lawyers office,
and file for a change of title at the motor vehicle department. Realize that this
whole process may take some time. Be patient and know it will soon be over.
Remember, legal information is not legal advice.
For specific advice, please consult a lawyer. If you would like more information on divorce survival, sign up for our newsletter below.