what papers will my lawyer need to.file for.divorce

Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of income related to marital debt, assets, property valuations, etc. Attorneys want documents because dry ink doesn't lie.

Full Answer

What should I look for in a divorce attorney?

You'll need to decide whether:

• you can handle your own divorce case through a do-it-yourself (DIY) method
• you want to try mediation (with our without an attorney) to resolve disputed issues, or
• you need to hire an attorney to represent you through settlement and/or in court.

What does it take to become a divorce lawyer?

Becoming a divorce lawyer takes seven years of formal higher education, including a four-year bachelor’s degree and a three-year law degree. Read on to learn more about required education, skills and career statistics. Is becoming a lawyer difficult? 1. The challenging years of law school. The process of becoming a lawyer isn’t for the ...

What documents are required to file for divorce?

To apply for a divorce you’ll need:

• your husband or wife’s full name and address
• your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll

Do I really need an attorney for my divorce?

Your spouse may tell you that you do not need an attorney, or that you both can retain one attorney to complete your divorce. However, one attorney cannot represent both spouses in a divorce, since both you and your spouse have conflicting interests. It is important to keep in mind that your spouse’s interests moving forward do not necessarily align with yours. The safest course of action is to seek your own attorney for advice before signing any documents.

What is the most contentious aspect of divorce?

Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.

Is divorce exhaustive?

As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all ...

What to learn during an attorney interview?

During the interview process, you can learn about the attorney’s experience, their fees, and get a feel for whether or not you think the two of you could have a good working relationship. Once you’ve made your decision, your attorney will need information from you in order to get the ball rolling and the divorce process started.

What are the marital problems that led to divorce?

A list of the marital problems that led to the divorce if they involve alcohol or drug abuse, religious differences, infidelity, sexual incompatibility, or domestic abuse.

What is the basic information required for a job?

Personal Information. 1. Your basic information: full name, date of birth, and social security number. 2. Contact information such as an address, landline/cell phone number, and email address. 3. Proof of state residency. 4. Information about your employer: name, address, and phone number .

What information is needed for divorce?

While specific requirements and formats vary from state to state, the divorce petition typically contains the following information: Identification of the spouses by name and address; Date and place of marriage; Identification of children of the marriage; Acknowledgment that the petitioner and/or his or her spouse have lived in ...

What happens after filing divorce papers?

After filing divorce papers with the court, the petitioner (and their lawyer) makes sure that the petition is " served " (legally delivered) on the other spouse. Each state has strict requirements for serving legal documents, including the different methods of service that are available, so it's important that service be done right in order for the divorce to validly proceed.

What happens when a divorce petition is served?

Once the divorce petition has been "served" on the petitioner's spouse, it also notifies them that the divorce process has begun. Below you'll find general information about filing and serving divorce papers, including the contents of a divorce petition, where to file the papers, and state-specific samples.

What is a divorce petition?

Filing and Serving Divorce Papers. The divorce petition is a legal document filed in court by a spouse who seeks a divorce. Also called the "complaint" in some states, the petition informs the court of the filing spouse's (called the " petitioner ") desire to end the marriage, and its filing with the court signifies the initiation ...

What is a petition for divorce called?

Also called the "complaint" in some states, the petition informs the court of the filing spouse's (called the " petitioner ") desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce petition has been "served" on the petitioner's spouse, it also notifies them ...

What are the grounds for divorce?

Grounds for divorce; Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

Where do you file for divorce?

As with virtually all matters of family law, the divorce process is handled solely at the state government level, so the spouse seeking a divorce files a divorce petition in their state's "superior" or "circuit" court -- usually in a county or district branch of that state court.

How long does it take to file a divorce petition?

This form tells your spouse that you have filed for divorce. The form also tells your spouse that he or she must file a response within 21 days, or a default may be entered against them.

What is a complaint for divorce?

Complaint for Divorce. This form is REQUIRED. This form tells the judge and your spouse what you want out of the divorce. You are the Plaintiff and your spouse is the Defendant. You will check boxes and fill in blanks to tell the judge and your spouse things like:

How much does it cost to file a lawsuit online?

Online: You can file online through the court's e-filing system, eFileNV . There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents.

What happens if you efile a document?

If you efile your documents, you will be agreeing to be served with future legal documents electronically. Be sure to use an email address that you will check regularly so that you do not miss important legal documents filed in your case.

How to do an automated divorce interview?

To use the automated interview, click here and select the "DIVORCE: Complaint" interview. It is best to use Chrome or Firefox (Safari is not recommended and not supported).

When to use filing code SEI?

If efiling, use filing code SEI when uploading the summons to make sure it is processed correctly .

Do you have to set a court date for a lawsuit?

The papers above will open a case, but they will not set a court date. You do not have to set a court date at this point. If you don't think Defendant will respond to the case, you probably don't need a court date. If Defendant does file a response, the judge will automatically set a court date and notify you both.

How to save a copy of a family law document?

If you can easily obtain the hard copies and the electronic copies, get both. Save the electronic versions of the documents to a thumb drive, burn them to a CD, or e-mail them to your lawyer. Because making copies of voluminous documents can be costly, you may want to avoid copying. However, skip photocopying only if you are absolutely sure that the electronic versions are exactly the same. Talk with your lawyer about who should make the copies, handle the scanning, and/or organize the documents. To save money, some lawyers encourage clients to copy and organize documents themselves. Other family law attorneys will perform these tasks in order to handle them within their own document management system. Who copies, scans, and organizes documents often depends on the size of the estate and the complexity of the disputed issues.

What documents are needed for a business loan application?

For all mortgages, second mortgages, home equity lines of credit (HELOCs), credit cards, lines of credit, car loans, and promissory notes, loan applications may include personal and business financial statements showing assets, debts, and income declarations. Because often business owners are personally liable for business debts, you will want to copy any other documents showing why the debt was incurred.

What do lawyers need to know about insurance?

Your lawyer needs copies of all insurancepolicies, including, but not limited to, life, annuity, health, accident, homeowner’s, renter’s, casualty, motor vehicle of any kind, property, or premises liability insurance. Also, many policies have separate “declaration pages” listing the specific names of owners, beneficiaries, and key financial information. Finally, make sure to obtain recent statements showing balances and premiums due. These statements generally are issued monthly, quarterly, or annually. If appraisals have been obtained to insure valuables under a homeowner’s insurance policy, copy those as well.

How long do you need to copy a financial statement?

For major documents, such as financial statements, tax returns, and brokerage account statements, you may want every single page you can put your hands on. For other documents, such as those concerning a major acquisition of a business interest seven years ago, you may want documents going back around eight years. For less valuable assets and debts, only three to five years’ worth may be needed. It just depends. When in doubt, copy it. But before going to a great deal of expense or effort, talk with your lawyer. Getting the right answer to a quick question can save time and money.

What is the first step in dividing assets and debts?

Before assets and debts can be divided, they first must be identified, classified, and valued. Classification means determining what is separate property and what is marital or community property. In determining spousal and child support, courts look at what the obligor spouse (the one who must pay) earns, and that analysis depends in large part on what the spouse’s earnings history has been. Your spouse’s income history may be reflected in the many pieces of paper gathering dust in closets and manila file folders.

What happens if you omit a statement in a divorce?

Likewise, if you omit a particularly damaging statement, the missing page may stick out like a sore thumb. If that page eventually gets discovered and turns out to list charges for an out-of-town trip with a previously undisclosed paramour, your own lawyer can be blindsided in negotiations or, worse, in court in front of the judge. Active concealment of documents—from your own attorney, as well as from the other side—can destroy your credibility. Many experienced family law attorneys will tell their clients to assume that the other spouse will find out everything and, thus, clients need to share with their lawyer everything damaging to the case. Only careful planning with your attorney can safeguard your credibility with the judge and minimize any potential embarrassment and/or financial costs of the divorce.

What does "documents" mean in legal terms?

When lawyers say “documents,” they mean the paper copies (or “hard copies”), the electronic versions, or both. Today, almost all scanned documents will be in Adobe Acrobat’s “PDF” format. For example, bank statements can be mailed to you, or you may download them online, usually in a PDF format.

How to deal with divorce emotionally?

If you have the financial means, it can help to speak with a therapist or other mental health professional. At the very least, speak with friends who have been through divorce. Let your family and friends know that you’ll be leaning on them for advice and moral support. Being emotionally stable will better prepare you to make smart decisions as your divorce progresses.

How to decide on financial goals for divorce?

You can’t decide your financial goals for your divorce without having an accurate picture of your assets and debts. While it’s not usually necessary to hire an accountant prior to filing for divorce, it’s a good idea to put together a simple balance sheet showing all of your assets and debts. Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate. Determining your total assets can also help you set a budget for how much to spend on your attorney and the divorce litigation.

What does a divorce decree mean?

In most jurisdictions, the judge automatically issues an order at the beginning of your divorce case that prohibits you or your spouse from selling, buying, or otherwise encumbering or disposing of any marital property. Courts do this to prevent either spouse from draining the bank accounts, or dissipating the marital estate out of spite.

What should be included in a marital estate?

Include real property, cars, retirement accounts, bank accounts and other assets, as well as any mortgages, notes, credit cards, and other debts. This can give you an idea of what you and your spouse will split, and you can start working on your desired division of the marital estate.

Is there more to filing for divorce than submitting a complaint?

There’s more to filing for divorce than simply submitting your complaint to the court. Following these ten tips will help you achieve a better outcome in your divorce.

Can you get custody of your children if you divorce?

If you have children, their custody situation is probably at the forefront of your mind when getting a divorce. You should know that, absent extreme circumstances, you and your spouse will end up sharing custody of the children. It’s a good idea to sit down and carefully review your work schedule, your children’s schedule, and your other obligations and come up with your desired schedule for custody. If you can come up with a arrangement that gives both you and your spouse time with the children, you’ll be leaps and bounds ahead of most people who file for divorce.

Can a divorce be granted if only one spouse wants to end the marriage?

The court can grant a divorce even if only one spouse wants to end the marriage. If you’d still like to give marital counseling a try, do so before you file for divorce.

How to file for divorce without an attorney?

To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons.

What form can be filed with the court if you and your spouse agree on all issues related to the divorce?

Settlement Agreement – This form can be filed with the court if you and your spouse agree on all issues related to the divorce.

How to keep paperwork organized?

Stay organized. In addition to keeping copies of everything, make sure you file and store your paperwork in a safe place. You'll want to include things like receipts for fees paid, all signed documents, and explanatory information given to you by the clerk’s office.

How much does it cost to file for divorce?

In most jurisdictions, the filing fee ranges from $100.00 to $300.00. If you cannot afford to pay the court’s filing fee, you may be able to ask the court to waive the normal filing fee.

How to get a copy of divorce decree?

Obtain a copy of the divorce decree. Get a certified copy of your divorce decree from the clerk’s office or the court administrator’s office. You'll need a copy of your divorce decree for many things in the future, such as buying a house or getting remarried, so make sure you get a certified copy and put it in a safe place. You also will need it in order to officially change your name if your divorce granted you the right to return to your maiden name or a previous married name.

How long does it take to get divorced?

Comply with all divorce and court requirements to get divorced. The whole process can take months until the divorce is finalized. It is important that you always know where your case stands and what you need to be doing to help the process along. It is possible that the court might be waiting on you to act, so you need to know what's happening so you can finalize the divorce in a reasonable amount of time.

What is a preliminary hearing in divorce?

For instance, you may have a provisional or preliminary hearing, which deals with temporary orders, usually dealing with children and possession of the marital residence and vehicles, while your divorce is going on. You may also have a final divorce hearing, at which the court is likely to grant your divorce. Other states and courts may require additional hearings as needed.