The party who asks for divorce (petitioner) is required to file a complaint or divorce petition with the court in his/her place. In addition, he or she has to ensure that the other party received copies of all the divorce papers to complete the service of process.
If you don’t provide notice of the divorce to your spouse, the court will not issue any order and your case will eventually be dismissed.
You will not be able to just hand your spouse the papers or deliver them on your own. Instead, you will have to ask someone to serve the divorce papers to your spouse. It doesn’t necessarily involve hiring a professional server. The process server can be:
You will finally become legally separated once a judgment is approved and signed by the court. Remember that the terms of your divorce will depend on whether you and your spouse have reached a mutual agreement.
You can go to the local district courthouse in your country and get the necessary documentation from the court clerk. Alternatively, you can obtain divorce documents online. Don’t worry, all the papers and forms are accepted by the state’s courthouses.
Once you confirm your eligibility and print completed forms, you will need to file your divorce papers. Keep in mind that the paperwork is different for divorcing couples with and without minor children.
Listed below are divorce documents you might need to complete your divorce:
If you intend to prepare these papers on your own without a lawyer, make sure the forms you use are completed correctly. That will help you shave a few hundred dollars off your costs. Most online divorce services will provide you with instructions on how to file your paperwork.
Those having a contested divorce should consider hiring an attorney to gather all documents and prepare their divorce petition. It is recommended for complicated divorce cases that involve considerable marital assets and children.
After meeting with a lawyer and filing a divorce petition, you will probably have to appear before the court several times throughout your divorce process. Once your spouse has responded to the Petition, you will be asked to disclose your income and marital assets during discovery.