Divorce Papers

Unlike marriage, where the paperwork typically consists of only the marriage license application and the marriage certificate itself, divorce is very paper-heavy.

What is a Divorce Record?

Divorce records are all of the official documents that are generated during the legal processing of a divorce. The divorce records include:

• The petition for divorce. The petition will be filed with the county registrar for the court, and this is what begins the court proceedings
• The answer to the petition
• The summons, and proof of service of the summons
• Papers naming the attorneys who will be representing the parties. If one or both parties is unrepresented, then an affidavit acknowledging that they know they have a right to be represented and that they waive that right needs to be created
• The judge’s statement of the facts
• The judge’s conclusions of law (application of the law to the facts)
• The judge’s order that a judgment be entered
• The divorce decree itself. This is a final ruling from a court which provides a judgment and order making the termination of the marriage official.

Together, these provide evidence that a marriage has been legally ended. These documents are filed with the county court clerk, as a permanent record. State courts have jurisdiction over divorce cases, so divorce documents are filed with district or county branches of state superior or circuit courts. In highly populated areas with very busy court systems, divorce cases may be handled by special family courts.

What Is a Divorce Decree?

A divorce decree is the court’s final decision that ends a marriage. In general, a divorce decree summarizes the rights and responsibilities of each party involved in the divorce.

Divorce decrees are important because the divorce process is not complete until one is issued. Thus, the party’s status as married or divorced will not be finalized until the final divorce decree is completed. Divorce proceedings that are not yet completed may affect different areas of life, such as debt, property possession, taxes, employment benefits, and other legal rights. As such, it is important to obtain a final divorce order.

The decree will be signed by both spouses and their attorneys (if any) and the judge. In many courts, the clerk will stamp the final document with an official court seal.

Divorce decrees include specific orders regarding:

• Division of property and debt
• Parenting time and custody of children
• Support for children
• Maintenance or alimony (spousal support)
• Retirement account division
• Any other issues related to the case

When there are children, the divorce decree sets forth the custody arrangements, including how much time each parent gets to spend with the children (“parenting time”) and when. The divorce decree also states who owes whom child support and how much it will be each month. This includes:

• Who will get the children on holidays and birthdays
• Who is responsible for providing health and dental insurance
• Who will pay the cost of child care
• Who has the right to make decisions concerning school and medical questions
• What will happen if one of the parties moves out of the state
• Who gets to claim the children as dependents on income tax filings.

An important but often overlooked addition to the divorce decree is an appendix that lays out what state law says in terms of:

• Payments to public agencies
• Depriving the other parent of custodial or parental timing rights
• Nonsupport of a child
• How to modify parenting time and/or child support
• Change of address
• Parenting time remedies and penalties, and more.

What Are the Steps in Getting a Divorce?

• The first step in the divorce process is to file a petition for divorce.
  There are two parts to a standard divorce petition. The first part outlines basic facts about the involved parties and their marriage, including such information as:
  • Names, ages and other identifying information about the involved parties
  • Names, ages and other identifying information of children from the marriage
  • Assets and debts that have accrued during the course of the marriage
  • Date and location of the marriage
  • Acknowledgement that the petitioner has lived in the state or local area for the required period of time
• The second part of the divorce petition outlines the kinds of relief that the filing party is seeking. Typical types of relief that are sought include child support, spousal support, division of assets and debts, and custody of minor children. In most cases, the petitioner seeks the maximum amount of relief possible because it is expected for the other party to counter-petition with demands of his or her own.
• Next, the petition must be served on the other party, along with a summons. The summons essentially informs the other party that a divorce petition has been filed and that the divorce process has officially begun. In most states, receipt of the summons means that from that point forward, neither party may dispose of marital assets or otherwise modify significant holdings.
  Missing spouse: It is possible to proceed with a divorce even if the spouse is missing or cannot be located. This will usually require posting an ad in a newspaper, trying to inform the missing spouse that the divorce is taking place
• Wait for the other party to file a response. If the other party doesn’t file a response within the amount of time allowed by your court system, then you ask the court for a default divorce decree. You will usually receive everything asked for in the petition.
• Usually the other party does file a response. The typical divorce counter-petition begins with an acknowledgement of the receipt of the divorce petition. It then goes on to state whether or not the respondent agrees with the types of relief that are being sought. The respondent can agree to all of the terms. They can also address each request on a point-by-point basis.
• If the other party files a response, the case will be set for a hearing so the judge can review the papers and become familiar with the issues
• Discovery: During discovery, clients exchange information that is necessary to work out the issues. Discovery can be an informal process in which both sides freely provide each other with the necessary facts and figures, or a formal matter requiring the submission of legal questionnaires, making written demands for documents, and providing testimony under oath.
• Negotiations take place between the parties to decide the issues. Mediation is common. Couples who successfully complete mediation save themselves time and money. Some family court systems mandate mediation prior to setting a trial date. Most states also require mediation for couples who disagree over child custody.
• Co-parenting classes: Many family courts require divorcing couples with children to complete co-parenting classes. The primary purpose of these classes is to help parents minimize the damaging effects of divorce on their children. The classes teach parents valuable skills such as putting the needs of their children above their own and working together to ensure that positive parenting remains a constant in their children’s lives.
• If the parties reach agreement on the issues, they will draft a settlement agreement concerning their decisions. The settlement agreement will be submitted to the judge for review.
• If the parties do not reach agreement on the issues, the case will be set for trial. There is no jury – it is a “bench” trial, meaning a case where the judge will decide the facts.
• Once all of the issues have been decided by settlement or by the judge, either the parties or the court will prepare the final divorce decree, which the judge will sign. At that point, the divorce is final and the marriage is dissolved

Do I Need a Lawyer for Help with Divorce Papers?

Divorces are complex and involve a lot of paperwork. You may want to hire a qualified divorce lawyer in your area if you need assistance with divorce papers or other divorce matters.

Your attorney can help you prepare and file the papers, can explain everything to you along the way, and can assist you throughout the entire divorce process.