What's The Best Way To Get Divorce Papers?
The divorce process is not one anyone looks forward to. It can be messy, costly, and stressful for everyone involved. However, it can sometimes be necessary. Marriage doesn't always work out, and two people may be better off divorcing. If you're about to take that route, you may have numerous questions such as how to get divorce papers in the first place, for example.
What are divorce papers?
You may have heard the term "divorce papers," or “divorce forms,” but you might not know exactly what they are. Simply put, this phrase refers to the court petition you use to legally divorce your spouse. These papers include all the information about the marriage, reasons for divorce, and possibly, property distribution or child custody.
Getting papers online
Some might wonder, "Can I get an online divorce?" Indeed, you can. For better or worse, the Internet has made it easier than ever to file for a divorce. You can go to your state’s website and search for the necessary paperwork. Perhaps best of all, you can usually get it for free. Online divorce papers or court forms are common and reachable.
Still, the rules for online divorce papers or court forms may vary depending on your state or even your county. You may need certain forms, for instance, or there may be specific steps you need to take before your divorce can be finalized. If your children are minors, there may be more steps involved in your divorce.
You may also need to have an “uncontested divorce” if you want to file online. That's when you and your spouse agree with most, if not all, of the details of the divorce, including the division of assets. If there are some issues you haven't agreed on, the two of you may need to reach a compromise before the settlement.
What are the most common reasons for divorce?
Common divorce issues include:
- Children: This can include child custody, visitation, and child support.
- Alimony: This is sometimes called spousal support.
- Division Of Assets: You must come to a fair agreement about how to divide finances and property.
If you can't agree on everything, despite your efforts to compromise, then you may need to hire a divorce attorney. This may also be recommended if your divorce is a high-stakes one, or if there is a dispute over child custody or child support. Some high stakes divorces may even be elevated to the supreme court.
Consider looking into whether your state is a no-fault divorce state, which means that you can file for divorce without any proof of wrongdoing. If you do not live in a no-fault divorce state, then you might want to start documenting evidence to prove any wrongdoing on the part of your spouse. For example, if the divorce is the result of an affair, you may want to begin gathering evidence of that affair to present in front of a judge.
Non-government resources
You may wonder where to turn if you can’t find the proper divorce papers on your state’s website. Some turn to online companies that claim to have free divorce papers. If you plan to go this route, you may want to proceed with caution. Many so-called free divorce websites aren’t actually free, and some have outdated forms.
You may want to do your due diligence and search for reviews and ratings of the online divorce websites you’re considering. It may also be helpful to keep in mind that a legitimate divorce website will encourage you to speak to an attorney to make sure you're filing the papers correctly. A good divorce website may also have people review your forms before you submit, so you can avoid having to re-file due to a mistake. In the end, however, it could be up to you or your lawyer to file the paperwork with the courts.
By consulting reliable websites such as a government site or a highly rated third-party company, getting hold of online divorce papers can be easier than ever. You might still be wondering about the process of getting papers offline, though.
Getting divorce papers offline
If you can't find the proper divorce papers online or just want to go the traditional route, you can get the paperwork in person. For instance, you can go to the county clerk's office, which may have papers you can retrieve. If they don't, there is a chance that they can mail the forms to you. The forms might be easier to fill out by hand, and you’ll also have the added benefit of knowing that your source is legitimate. That is, there’s no need to worry about “free online divorce papers” scams online.
Examples of forms
When you get a divorce, you may need certain types of forms, which can include:
- Petition: This is the main document that asks the court to grant you a divorce.
- Summons: This is how your spouse is contacted when you file for a divorce. An officer should contact your spouse, and they can respond to you or your lawyer.
- Financial Affidavit: The financial affidavit is a comprehensive document detailing your marital finances.
- Notice Of Hearing: The notice of hearing is a document detailing the date, time, and location of your divorce hearing.
- Settlement Agreement: This document details the specific aspects of the final divorce agreement, including the division of assets and any custody arrangements, and spousal support.
- Divorce Decree: The divorce decree is signed by the judge. Once it's signed, the divorce is official.
There are certain forms that may require approval from a judge. For example, your divorce property deed probate will determine who will receive any properties or houses split during the divorce, but it is not official until it is approved and recognized by the court.
Make copies of your documents
Once you've filled out all your divorce papers, make sure you make a copy of them. You can copy them physically, or just upload them online. If the papers somehow get lost, you'll have them ready, so you can re-file if necessary. This is a rare occurrence, but it does happen.
Filing your papers
Once you've filled out your petition, you can file it and begin the process. You may have to file a certain number of copies, so make sure you've made enough. You may also need the original documents. Talk to the clerk's office and see how many copies you may need and what the exact process is.
You may also want to check with the clerk's office for any other questions or concerns. For example, you might need to be a resident of the county or state for a certain amount of time prior to filing for divorce.
Filing fees
No one likes to pay fees, but they may be an inevitable part of the divorce process. These fees may vary by state and county. The amount may be published online, or you may have to contact the clerk’s office for a total. If you can’t afford the divorce filing fee, you may be eligible for assistance. In some cases, the fee could be waived altogether, but this depends on your circumstances and income.
Seek help
Divorce may be a messy process, and many times, it can be prevented. While some couples are never meant to be, some of the main reasons for a divorce could be due to miscommunication. For example, you may not communicate well about finances. One spouse may struggle to express their emotions. These are seemingly small issues that can escalate quickly. There are some ways you can prevent divorce, even if your relationship is rocky. Communicating more, bringing up a concern before it becomes overwhelming, and talking to a therapist are just a few options.
Marriage counseling can be intimidating, though, especially when it’s conducted in a clinical setting like a therapist’s office. You might feel uncomfortable talking about such sensitive topics while sitting across the room from a stranger. Online counseling could be what’s needed to put you at ease. Many couples feel more comfortable discussing their marital issues in an online environment. Online counseling can also save you both time since there’s no need for a commute or a waiting period.
Online counseling has been proven effective for couples, in marriage, domestic partnership, or other
relationships. A recent study showed that couples undergoing internet-based marriage counseling experienced positive benefits such as mental health gains and better relationship functioning.
Takeaway
If the reason for your divorce is something that can be fixed, there may still be time. Sometimes, the two of you can work things out if you communicate better, and a counselor can help you do that. Should you decide a divorce is inevitable, a counselor can also help you process this transition. Contact a licensed Regain therapist to get the individualized care and support you need.
Frequently Asked Questions (FAQs)
Can I file for a divorce for free?
You can't file for a legal divorce or separation for free, but you can get the fees waived. If you get the fees waived, you wouldn't be paying anything; they would be deferred based on your income level. Filing for divorce can be an incredibly daunting process, especially since emotions are likely running high. What you can do to make it easier is to ask for assistance. For example, a court facilitator will be able to help you with family law issues. Some things, such as the services available and processes related to divorce or separation will vary slightly from state to state. What you can do to find specific information pertaining to your area is to look at legal separation forms FAQs and other information on your state's court website. For example, if you live in California, you would look at the judicial Council of California website or the California courts website. The judicial council of California website and legal separation forms FAQs online will help you understand the basics filing for divorce comes with. In addition to divorce filing information, you may be able to find information regarding to records. Many court websites will have a menu that includes an to records link where you can gain to records that are public. If you aren't able to find what you need on the judicial council website or another government website, it is always appropriate to reach out for assistance. There should be a phone number or contact form on your local court website that's there for you to use to contact someone who will be able to answer your questions. You can ask questions about completing divorce or separation in your state, time frame or fees, and anything else that you can't find on the website.
How do I start my divorce papers?
The first step to starting your divorce papers is to research divorce or separation in your state and to pay the fees affiliated with divorce or detachment from a domestic partnership. Again, if you are in a certain income bracket, you can get these fees waived. Then, you must obtain legal separation forms. These legal separation forms are also referred to as a petition for dissolution. The person you are separating from will be notified once you fill out these forms. If you have any questions about filing for divorce or legal separation and completing court forms in your state, you can contact your local court or check your state court's website. When you speak to someone at your local courthouse directly, they'll be able to assist you with not only the basics filing for divorce comes with, but more intricate, specific, or in-depth questions regarding forms rules and divorce or legal separation.
Public records are another topic that sometimes comes up for people who are filing for divorce or separation. Divorce records are almost always public, save for uncommon or unique situations. If you're unsure of where your spouse is located and, as a result, they aren't responding to divorce requests or are unable to do so, you may post a news reference of your divorce. To post news references for your divorce, you must give your approval to the publication. Your local court office will be able to provide you with information regarding the specific publications that you can publish your divorce notice as well as how to start the process. After your divorce or separation, you'll be able to reference your divorce records at any time through public records.
How do I file for divorce by myself?
There are cases where an individual may not have spousal or partner support or agreement when filing for divorce. Your partner may be absent, involved with criminal law, not responding to divorce requests, or in refusal to separate. You can still pursue divorce or separation without spousal partner support and do not need to stay stuck in a domestic partnership or marriage that you don't want to be in. Divorce is certainly harder without partner support or agreement, but it is possible.
You may also find yourself looking into dissolution annulment and what the difference is between the two. If you're wondering how dissolution annulment and divorce vary, the answer is quite simple. Annulment makes it as though the marriage never existed, whereas dissolution mirrors divorce or separation. The difference between dissolution annulment and divorce may sound confusing, but where it varies is that annulment makes it so that your former marriage isn't legally valid. Annulment "cancels" the union, whereas with divorce, it'll be known that the marriage existed, but you will be single and legally separated. Some criteria must be met for summary dissolution annulment, such as those related to property and debt. Be sure to look at the forms’ rules in your state so that you can be sure that you're eligible for this option.
To find out anything related to summary dissolution annulment, annulment spousal partner support, or how to go about completing divorce or separation, find your court website. To find your court website, searching for "summary dissolution annulment," "dissolution annulment spousal partner," or "annulment spousal partner support" along with your state name or region should help you find the information you need. Make sure that the website ends in .gov when you search for "dissolution annulment spousal partner" or similar topics to ensure the information you receive is correct.
Finding online divorce papers is possible, and they can be filled out without the help of a divorce lawyer. You can find these divorce forms and instructions and fill them out step by step on your own. However, these are only possible in the case of an uncontested divorce, which is when both parties agree to the divorce and agree to all the provisions of the divorce. If it is possible that you and your partner can come to agreement on your own, that will be best. It still might not be a completely free divorce, but with an uncontested divorce you avoid the extra costs of a divorce attorney and other fees involved in a complex contested divorce case.
Can you divorce yourself?
It is possible to file for divorce on your own. Often, this is referred to as a DIY divorce. Your state's court website will have information about filing for divorce or separation by yourself in your state. A state court is not the same as the supreme court. The supreme court is the highest court in the US, whereas your state court will be local, so make sure that you're on the correct website when seeking information about DIY or do-it-yourself divorce. If your spouse is under criminal law, the divorce process may include extra complications, but it is possible, and there is help out there for those in this situation. You'll want to be versed in divorce or separation basics and can find more information regarding divorce or separation basics for your state easily online.
If you are confused as to what the difference between divorce and legal separation is and are looking for a divorce or separation summary, a simple divorce or separation summary would be that divorce is a legal separation. If someone says that they're getting a divorce or legal separation, they will be separated legally, whereas if someone simply says that they're separated, it may or may not be legal. Either is valid, but many people who are married and want a divorce or separation decide on a court verified divorce or legal separation so that they're no longer legally connected or joined to their former spousal partner.
Even if you go the DIY route for divorce or legal separation, you may still seek help from a professional for issues related to children divorce property and debt in a divorce. Having some form of support, whether it's mental health help or legal help, is vital for many going through this process who wish to make things even a little bit easier. Whether you need emotional support, help understanding forms rules, or assistance in working through communication troubles, know that it is okay to reach out for help. There are affordable legal options and mental health care options for those going through a divorce or legal separation. The divorce or separation completing time is a life transition, so in addition to getting divorce counseling during the process, many decide to get therapy or counseling from a mental health professional one on one during or after the divorce or separation completing time.
What should you not do during separation?
You should try to be as fair as possible during a separation. You don't want to act out of spite, nor do you want to try to get a partner to stick around if they are adamant about divorce or separation. Hiring a divorce mediator may be beneficial to you and your legal spouse in the divorce process. A divorce mediator will be versed in family law and other necessary areas of knowledge to help people get through the divorce process. A family law facilitator may also be helpful, depending on your unique situation. In addition to seeing a divorce mediator and/or family law facilitator, there are times when it may be necessary to reach out for the support of a divorce counselor. Since a legal professional will have citable opinions and knowledge regarding the legal side of things and a divorce counselor is versed in psychology and interpersonal connections and can provide citable opinions in those areas, many individuals decide to seek services from both.
Filing for divorce or legal separation and completing divorce or separation is stressful, but this difficult time won't last forever. If you find that there are disparities between you and your spousal partner when filing for divorce or legal separation, divorce counseling or therapy can be incredibly beneficial. A divorce counselor can aid you as you talk through challenging issues such as those related to wills estates, property and debt in a divorce, child custody and visitation, and anything else that comes up while filing for divorce so that you can separate as peacefully as possible. Whether you see a counselor individually or go to a divorce counselor with the person you are separating from, a licensed mental health provider can help you before, during, and after completing divorce or separation. Search the network of online providers at ReGain today or look for a counselor or therapist in your local area.
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