Divorce Forms - Required Information & Instructions

All divorce attorneys draft forms and pleadings uniquely for each client. Normally, a form or template is used as a starting point. In the simplest uncontested case, anyone can begin with a template and draft their own documents. The same legal requirements apply to forms drafted by attorneys and spouses who chose the do-it-your-self method. Be aware, all forms must be changed to accurately plead facts and relief sought before being filed with the court. Technical defects in pleadings are common, so anyone filing pro se (without an attorney) must be prepared to take personal responsibility for accurately interpreting the law and court's requirements when pleading a case.

Requirements for divorce forms

A few of the more common requirements for divorce forms are listed below. In addition, all statements of fact are subject to judicial review. Correct statements of law are required to form the basis of legally allowable relief. Requirements include:

• Jurisdiction - courts require factual statements that prove jurisdiction and service of process conform to state law, allowing the court to accept jurisdiction.
• Marriage history - required by the court to insure time restrictions on multiple cases are followed.
• Children - required by the court to review temporary custody and support obligations, based on age and number of children.
• Prayer for relief - parties should specifically request actions for the court to follow, in correct legal terminology, otherwise judges may use their broad discretion deciding how to proceed.
• Signed - all forms must be signed by the attorney of record, or if filing without an attorney, by at least one spouse. Certain forms must be sworn, notarized, served, include jurats, or be certified to avoid fatal defects.

Guaranteed divorce form kits

Many providers of preprinted divorce forms offer a guarantee. The guarantee is ordinarily limited to the purchase price, which is nominal compared to the damage caused by errors in forms. At best, a fatal error will cause a case to be dismissed - wasting the filing fee which may be $200, or more. After a case is dismissed, the entire process must be started over after errors are corrected. Damage caused however may be greater, and could result in the loss of children, property, and other rights of far greater value.

See Also: Sources for filing, Court Orders and Contempt, Child Support Agency Online Help, Free Form Help and Instructions