Whether you’re filing for divorce or receiving divorce documents from your spouse, it can be an overwhelming ordeal. Regardless of which side of the case you are on, if you don’t file the appropriate documents and answer them properly, your case will either be tossed or delayed, so it’s important you do things the right way. Be aware that there is a filing fee in every county, meaning you have to pay to file for divorce. This amount changes from time to time, but it is usually a couple hundred dollars.
-Petition. When you file this, you’ll note that there is a request for a two-week temporary restraining order. The order will expire unless you show circumstances warrant a permanent order, which will require an additional court hearing. The purpose of the two week order is to prevent one spouse from harming the other, either financially or physically.
-Cover sheet. This does not need to be served on your spouse, unlike the other documents, because it is just an instruction to the court clerk letting him or her know what kind of case is being filed.
-Summons. This document simply alerts your spouse to the fact that you are getting a divorce and they have a set amount of time to respond to your request.
-Parenting Plan (if you have children). A parenting plan is a very thorough document that you have to fill out that explains how you would like your visitation to be set up, along with where your children will reside, who will pay for their insurance, and many other parent-child related issues.
-Financial documents. Financial documents are things like credit card statements, bank statements, pay statements, and brokerage account documents.
-Loan Documents. The application for a loan, especially a home or business loan, will have information that is important to understanding the financial assets of a couple, such as assets and debts. There are many kinds of loan documents, which range from home equity lines of credit, credit cards, lines of credit to a bank, car loans, and promissory notes, among others.
-Stock Options. Depending on the spouse, there may be extensive or very little in the way of brokerage accounts that reflect whether one has stocks, bonds or mutual funds.
-Retirement Plans, Pension Plans, and Related Plans. In many cases, a retirement plan can be a significant asset, and many times spouses believe, incorrectly, that their retirement plan is theirs alone and not part of the marital property that makes up part of the assets that can and should be distributed at the time of a divorce. This assumption is wrong. It is important to gather these documents so that they can be evaluated, even though it may be difficult to understand them and even though there may be a need for an expert to review them to determine their true wealth.
-Income Tax Returns. Income tax returns are documents such as personal, corporate, state and federal, W’2s, 1099s, and K-1 forms. In addition, if you and your spouse had a business together, it may be necessary to have corporate tax returns and personal property tax returns that have been filed in the three to five years prior to the divorce
-Child support worksheet (if you have children). This is the document that spells out how much money you will have to pay or receive in child support. It is a formula put together by the state.
-Proof of service. This is often overlooked but important. It is simply the document that states how, when, and where you served your spouse with legal documents. These documents have to be served by someone, and it can be anyone, other than you. Be mindful of special considerations if your spouse is in the military and is deployed at the time you divorce. This should be filed with the court so that there is proof that your spouse was served.
-Final orders. This is just what it sounds like. At the very end of your case, you will have to enter some final documents in court that become binding, meaning final on your case. These final documents will become orders, which are binding documents the judge in your case and that you and your spouse must follow. The final orders can be completed, and then approved, by you and your attorney prior to trial, assuming you reach a final agreement, or they will be completed by the judge when you finish your trial.
