Filing Divorce Papers

There are many ways to file for divorce. Below are some general guidelines:

• Fill out the forms: You have to fill out forms to initiate your case, and other optional forms if needed;
• File the forms: Turn in your completed forms by mail, e-filing, or in person to the Clerk of Court;
• Serve the defendant: You must have a 3rd person hand-deliver a copy of the filed forms to Defendant.
• Wait for results: You will have more forms to fill out to take the next steps in your divorce case no matter what.

Depending on which state you reside in, there may be different procedures and rules. Make sure to research the local laws for this. For example, according to the D.C. courts, you can file for divorce in D.C. if either you or your spouse has been a resident for six months before the date you file the divorce papers with the court. It does not matter where you are married.

Only one of you has to meet the D.C. residency requirement. One can only ask for alimony and distribution of marital property in your divorce case. You will lose your opportunity to obtain alimony and distribution of marital property if you do not request them in your divorce case.

Furthermore, one may include requests for child custody and child support in a divorce case. You also can ask for child custody and child support in a separate case from the divorce case. In some instances, a divorce can be filed in D.C. but child custody or child support must be filed in another state. There are two grounds for divorce in D.C.

• Separation without cohabitation for at least six months, if the separation is mutual and voluntary; and
• Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one year.

The decision to file for divorce is a challenging one, and having to work through the legal process on your own makes it even more difficult. For this reason, the court recommends that people considering filing for divorce, or those who are responding to a divorce complaint, seek legal counsel if they can do so.

What Documents are Required for Filing for a Divorce?

To file for divorce, you must file the following documents with the clerk of court in the county where either you or your spouse reside:

• A complaint: that states the facts of your case and your request for a divorce. The courts do not provide a standard form for the complaint. If you intend to file for property division or spousal support, you must include all supporting facts and your requests in your complaint;
• A summons;
• A Domestic Civil Action Cover Sheet;
• An affidavit under the Servicemembers Civil Relief Act (SCRA) tells the court whether or not your spouse is in the military. This is intended to protect the legal rights of active-duty service members. You can search military records to find a person’s status here; and
• You must pay the court filing fee. If you are unable to do so, you can apply to file as an indigent using this form.

Furthermore, the Complaint for Divorce form tells the judge and your spouse what you want out of the divorce. You are the plaintiff and your spouse is the defendant. You will check boxes and fill in blanks to inform the judge and your spouse about the following things below:

• What kind of child custody or visitation schedule you would like (if there are children);
• How much child support should be ordered (if there are children);
• How you would like to divide the property and debts;
• If alimony should be ordered;
• If you want to have a former name restored; and
• If you and your spouse have minor children together, fill out the “Complaint for Divorce – With Children.” If you do not have children together, fill out the Complaint for Divorce – No Children.”

Lastly the Summons, this form tells your spouse that you have filed for divorce. The form also informs your spouse that he or she must file a response within 21 days, or a default may be entered against them.

How Do I Serve my Spouse After Filing the Documents?

After filing your case, you must ensure that your spouse is “served” with a copy of your summons and complaint. In general, this implies that you must either pay a fee to have the sheriff personally serve your spouse with the documents, or send the documents to your spouse via certified mail, FedEx, or UPS.

Moreover, if you mail the documents, you must file proof that your spouse received them with the court. In some circumstances where you are unable to locate the other person, you may be able to serve him or her by newspaper publication, but specific rules apply. Delivering the documents to your spouse yourself is not considered a legal service.

What Other Things are Required in a Divorce Proceeding?

There are some other common things to keep in mind when filing for a divorce. Dissolution, commonly referred to as divorce, is the process of cutting the legal, marital ties between two people through the court system. For instance, according to the Montana courts, some parents come up with parenting plans. These plans are used to determine the custody of minor children, including when and where each parent will be with and responsible for each child.

Additionally, it includes who is responsible for decision-making and provides for the financial care of the child. Although the legal term of custody is commonly used, Montana courts use the term parenting time to reflect an emphasis on the children.

No-Fault Dissolution means that a party does not need a reason for filing for a dissolution of marriage. This means that a person can request the court to terminate their marriage simply because they do not want to be married anymore. Under legal separation laws in most states, a party may request a decree of legal separation rather than a decree of dissolution of marriage, and the court shall grant the decree in that form unless the other party objects.

Lastly, there are two ways a dissolution proceeding can proceed in the court system: contested or uncontested. Contested means the two people getting a dissolution do not agree and must make their case to a judge. Uncontested implies that the parties are filing together, or jointly, and agree on all parts of the dissolution like how property should be divided and how the parenting plan should look for custody.

When Do I Need to Contact a Lawyer?

When you are ready to file divorce papers, there might be more issues that may arise. It is recommended to seek out a local divorce attorney in your area to assist you in that case.

Your attorney can provide you with the legal advice, guidance, and representation needed for your particular claim. Also, they can keep you informed if there are any changes in the law that might affect the outcome of your case.