Detailing Divorce Papers

by Kristyne McDaniel

Divorce papers are part of the litigation process when two people decide to dissolve their marriage. Any type of legal document will have certain standards, especially when it comes to divorce laws for your state. Seeking the advice of an attorney will help you in outlining all the things you desire from your marriage, including any property or personal belongings.

Before filling out divorce papers, it is important you sit down with your lawyer and establish clear priorities for yourself. If children are involved in the divorce proceedings, then you will need to learn about the child custody laws for your state. When obtaining divorce papers, you should visit your County Clerk office to get the proper forms because each state will have their own guidelines and requirements for these types of documents. Once that process is completed, you should list all the assets that will need to be divided and decide what possessions you want. This involves really considering what your priorities are and what is important to you. If children are involved and you are seeking custody, then this will most likely become a substantial part of the entire settlement. If a prenuptial agreement was signed before the marriage, then assets must be divided according to what was outlined in that document. 

Once you have divided up and listed the assets you want, then you will begin the process of filling out divorce papers. Most of these documents have the basic outline, and will vary when you reach the child custody laws. One thing to remember is that any legal action will be dictated by the laws and requirements of the state and county you live in, so having a knowledgeable lawyer is extremely important. A lawyer will also help you obtain the correct document if your particular jurisdiction has their own variations. The first part of a legal document that will be filed in court is the name and address of the jurisdiction, the names of the parties involved in the case, and a case number for future court reference. These comprise the "captions," or upper portion of the first page. There is also a notary clause in legal documents, which is a sworn statement by a notary that the individuals filling out the forms are who they claim to be. When a person signs a notarized document, they must swear in front of witnesses about their identity and provide physical proof. In some instances, someone other than a lawyer may help you fill out a legal form. If this occurs, there is a new stipulation in the papers that requires non-lawyers to disclose themselves to the court so the legal system will know who was involved in filling out the papers.

Child support laws will dictate what is spelled out in your divorce papers. The Federal government requires every state to supply their own forms regarding child custody laws. It is important that you obtain the correct forms before filing for divorce. Your particular situation will determine what type of custody law you will follow. In instances where child custody will be a pressing issue throughout the divorce, it could be worth your while to seek counsel from a child support lawyer, since the majority of battles over child custody revolve around income levels of the custodial parents. When considering how to apply for child custody, the divorced parents must come to an agreement on whether or not joint legal custody, joint physical custody or sole custody will be sought. Once the custody litigation is understood, divorce proceedings can continue to the next level.

Federal and state laws play a role in what type of divorce papers you will fill out. This is especially true when child support issues are at stake. If you find this part of the divorce proceedings difficult, your family law attorney will be able to guide you through it. Always remember to be honest with your attorney and make sure all your wants are written down and legally documented.