Planning to Start the Divorce Process? Four Documents You Will Need

Law Blog

Ending a marriage is not an easy decision. In fact, most couples separate before making the ultimate decision. However, the actual divorce process only starts when you file the divorce petition and deliver it to your spouse. 

Furthermore, you need to file a financial affidavit that describes your property, income, and expenses. A divorce requires a bunch of paperwork, and there are numerous divorce documents you will encounter before the process is finalised. This article looks at four crucial documents you need to prepare in order to make the proceedings smooth.

The Petition to Dissolve the Marriage

The first step in the divorce process is filing a petition with the local court. The dissolution of marriage petition is a document that will cost you a small fee to file, and you can do it at the local court. 

If you are filing for the divorce alone, the law requires you to provide summons to notify your spouse that you intend to file for divorce. But you do not need this summons when filing the divorce jointly.

The Financial Affidavit

The financial affidavit is one of the vital divorce documents required in the proceedings. It includes your income, expenditures, debts, money, and property. Your spouse also needs to produce their financial affidavit. If they contest the divorce, you should prepare to defend the numbers on your affidavit in court. Hiring a divorce lawyer is paramount in this situation. 

The Parenting Plan

During a divorce, you need to create a sound parenting plan to manage the transitions in your children's lives after the divorce. The parenting plan should take into consideration the best interests of the child, according to the law. It should cover issues on basic education, health, college education, and religion. You and your spouse must approve the parenting plan. 

The Settlement Agreement

Generally, the trajectory of the case depends on your spouse's decisions after receiving the divorce notification. For example, they could decide to contest the divorce, meaning they are not okay with the terms you have provided in the divorce papers. Commonly contested issues include child custody, alimony, child support, and division of property.

On the other hand, they might agree to all the conditions you have stipulated in the divorce settlement. When you reach an agreement, you and your spouse should sign the settlement agreement.

Having accurate divorce documents is essential. The best way to achieve that is by working closely with a lawyer. They will guide you in creating, filing, and signing the papers. 

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14 September 2021

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