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 Papers.
If you take this route, take your time filling the divorce papers
out, as they are still a legal document, and you will be held to what is included in
them.
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. Divorce papers should also be filed 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)
Once divorce papers are drawn up, take them home and read over them very
carefully. Your divorce papers 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 papers, discuss it with your lawyer before you sign anything. Don’t sell yourself short
just to get out of a bad marriage.
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.