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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)

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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.

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©Tracy Achen
At WomansDivorce.com we have one focus - helping women survive divorce and rebuild their lives. 

For a more in-depth discussion about other divorce issues, see.......................
Financial Considerations before You Divorce
Divorce Considerations
Online Divorce
Divorce Preparation Books
Do It Yourself Divorce
More Divorce Articles

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.

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