Despite some variations from one jurisdiction to another, the procedures associated with commencing a divorce case largely are the same, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. As you contemplate filing for divorce, you do need to understand the basic requirements associated with the process. Specific laws about filing for divorce in your jurisdiction are found in your state's statutes, which can be accessed through the website maintained by the legislature.
Prepare Petition
The most fundamental element of the procedures for filing divorce is the preparation of a petition, according to "The Complete Divorce Handbook: A Practical Guide." The petition, sometimes called a complaint, is the document used to initiate a primary family law proceeding, like divorce case. Within the petition, you set forth basic facts regarding the relief, or order, you seek from the court. For example, a divorce petition requests that the court dissolve your marriage and issue orders regarding property and children. The typical court clerk's office maintains a selection of standard forms for your use if you do not hire a lawyer. These include a petition form.
Financial Affidavit
Another step in the procedures to file for divorce is the completion of a financial affidavit form. The financial affidavit represents another form you obtain from the clerk of the court where you intend to file your divorce case. This document requires you to provide basic information about your financial status, including your assets and debts, income and general expenses. The financial affidavit is signed under oath in front of a notary public.
Payment of Fees
Part of the filing procedures to commence a divorce case involves paying fees to the court clerk. The costs associated with a divorce case vary from one state to another. A broad range of fees runs from $100 to $250, depending on where you reside. All jurisdictions permit you to seek a waiver of filing fees or the ability to pay the fees in installments. You need to demonstrate the court that you lack the finances to pay the fee. The court clerk also maintains a standard form for this purpose as well.
Legal Counsel
Although you legally do not need to hire a lawyer to file a divorce case, odds are retaining counsel results in a better protection of your rights and interests in marriage dissolution proceedings. Therefore, as part of the procedure associated with commencing a divorce case, consider seriously hiring a lawyer. The American Bar Association maintains resources to aid consumer like you in finding appropriate, qualified legal representation.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
