Once you have everything in order, you can actually file for divorce. To begin, you need to file with the court. Basically, a set of forms need to be filled out, served on your spouse (or you, if your spouse is the one initiating the divorce), and returned to court with a filing fee. The filing fee varies, but is typically under $200 and can be waived by the court if you are unable to pay. You need to fill out a special fee waiver request at the courthouse if you wish to request that the fees be waived.
Typically, the forms require the date and place of your marriage, the wife’s maiden name, and if there are children, their names and dates of birth, and whether anyone in your immediate family receives welfare assistance. The papers also request information regarding how long you’ve lived in the state, and the grounds upon which you’re seeking a divorce, typically “irretrievable breakdown of the marriage” (no fault).
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The person who files the initial papers is called the Plaintiff.
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The recipient of the papers is the Defendant.
The forms also require you to state in general terms what orders you’d like the court to make. You need to indicate whether or not you’re requesting alimony, a property distribution, custody, joint custody or visitation, and a restoration of the wife’s maiden name (wife’s choice only). You don’t need to state specifically what you’re requesting, just the general categories. For excellent article, plans and checklists, see http://www.peace-talks.com/resources.php.
Along with the initial papers, you can file a request to have the court make initial orders concerning custody, visitation, support, alimony and use of certain items which belong to either or both of you. These orders are temporary, and last only as long as the divorce is pending. For excellent divorce information, see http://www.peace-talks.com/divorceinformation.php.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.
For more information contact Peace Talks www.peace-talks.com
(C) 2008 Peace Talks Mediation Services, Inc.
Related posts:
- What Are My Options for Divorce Representation?
- How do I Find, Choose and Use a Lawyer
- What is Legal Separation
- Divorce Attorney Fees
Tags: Divorce Basics, Finding a Lawyer, Hiring a Lawyer, Working with Your Divorce Lawyer
