Divorce Papers & Forms
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What is a Complaint for Dissolution of Marriage?
A Complaint for Dissolution of Marriage is a document that sets off the divorce process. Some states use the term Petition instead of Complaint. It needs to be filled out by one of the spouses. With this document, a divorcing party (petitioner) makes various proposals regarding dissolution-related issues, such as custody, parenting, property division, etc. Provided that petitioner and respondent (the party who is served the divorce papers) agree on every statement laid out in the Complaint, they can proceed with an uncontested divorce.
How do you go about getting a divorce (uncontested without children)?
- Decide where you would like to petition the court. You can file in any state provided that you fulfill the residence requirements.
- Create an initial settlement offer together with your spouse.
- Prepare and submit the Complaint for Dissolution of Marriage.
- Serve divorce papers to your spouse. In most states, it can only be made through a third party.
Where do you file for dissolution?
Each state imposes specific rules for divorce proceedings. They might be favorable for one spouse but quite the contrary for another. The spouses can file from different states as long as they meet the residency requirements. If you file for divorce concurrently from other states, the state where the petition was filed first will obtain jurisdiction over a divorce suit. You can preview, fill out, sign, and download the required forms to file for an uncontested divorce using signNow.
What might be the legal grounds for initiating a dissolution process?
Grounds for divorce are treated differently in different states. Some of the most common are:
- Conviction of crime
- Domestic violence
- Mental illness
- Alcohol and drug addiction/dependence
- Mental incapacity
It’s now possible to file for a no-fault divorce in all US states. It means that a petitioner doesn’t need to prove or show any evidence to the court that their marriage is irrevocably broken. However, some states do require the consent of both parties. Depending on circumstances, sometimes providing the reasons for divorce might influence how the judge will rule on the case.
Is dating during divorce considered adultery?
From a legal standpoint, divorce is final only after the divorce decree is signed. Although no law bars soon-to-be-divorced couples from entering new relationships, dating other people during the divorce might play into the divorce process and lead to inevitable financial and legal consequences.
Is it possible to make a DIY divorce without an attorney?
It depends on the legal scenario the divorcing couple deals with. Generally, yes. You can use the DIY divorce kits found in signNow to part ways with your partner. As long as a petitioner and/or defendant follow all state and federal laws, they can represent themselves in court. However, if the process involves significant disputes over unsettled matters, such as property division or plans for the care of children, it’s recommended to hire an expert. This way, there are fewer odds that you’ll drag out the divorce process for months or even years and be left devastated emotionally.
Do you need to disclose financial information?
The divorce outcomes, including financial ones, should be equally beneficial for both parties. A couple needs to provide complete financial disclosure to make it more achievable and transparent. You should take time to collect and have all related documents organized and find out where you stand regarding income and finances. These documents are critical as the court representatives rely on them heavily to assess all assets and liabilities and decide on alimony, support, and property division. A failure to provide an honest and accurate disclosure might lead to unpleasant legal and financial consequences. Added to the complexity of the assessment process, it’s advisable for financially lopsided couples or couples with significant assets to create a Prenuptial Agreement to avoid disputes if the marriage fails.
Are there any alternative options designed to be used by persons contemplating a divorce?
Divorce is one of the most emotionally and financially overwhelming processes that might ever occur in one’s life. Fortunately, some alternatives might help soon-to-be-separated couples if not sail through all the legalities, then make it at least more peaceful.
- Separate maintenance. It’s a process in which you address the same issues and matters as you would do during the divorce proceedings, except that it doesn’t end your marriage. Some couples prefer this option of remaining married and keep all the benefits that the status gives. Each state has different legal frameworks for dealing with “separate maintenance.” Before filing for it, make sure to check the required information.
- Divorce meditation. It’s aimed at resolving all divorce-related issues by involving a non-biased third-party mediator. This person doesn’t necessarily need to be a lawyer, but they must know all the ins and outs of family law and state jurisdiction. Having a mediator facilitates the separation process.
- Annulment. It serves to confirm that the marriage was not valid from the outset. It can be granted only under certain circumstances, such as concealment of fraud or incapacitation of one partner that wasn’t capable of consenting to a marriage, etc. After the union is proclaimed annulled, they can’t claim for property division.