Exactly what do you file when you want a divorce?
Thursday, April 1st, 2021
When you get a divorce, your lawyer drafts certain documents with you, then files them with the Court. These documents include:
Summons. This document tells everyone which court you filed the divorce in. It tells your soon-to-be-ex that they need to file a response within thirty days after they get their copy, or else they risk you getting everything you want by default. (For more on how default works, click here)
Complaint. This document describes why you want a divorce (“grounds”) and asks the Court to help you. (For more on what constitutes “grounds,” click here.) For instance, you’ll ask the Court to divide marital assets and debts between you and your spouse. (For more on what the court considers to divide property equity, click here.) You might ask the Court to set a parenting schedule. You might ask for ongoing financial support. (For more on how alimony works, click here. To learn about child support, click here.)
Statistical Information Sheet. This document lists personal information such as birthdates, social security numbers, and other identifying information. Your lawyer files this document separately and seals it to prevent identity theft.
Proposed Parenting Plan. For divorces that involve children, this longer document describes what schedule you believe your children should follow to spend time with you and your spouse. It also specifies who should make certain decisions for your children, like medical care and education. It describes how the children will spend holidays, where you exchange the children, and who should pay what amount for child support. (For more on how courts make a parenting plan, click here.)
Notice of Termination of Health Insurance. This short form tells your spouse that any insurance you provide for them will terminate when the divorce is granted. It gives them contact information if they wish to continue paying health insurance themselves through COBRA or some other means. It does not have to be filed until 60 days before the divorce is granted. Good lawyers file it early. (To learn more about how health insurance works before and after divorce, click here.)
Notice of Statutory Injunctions. This document tells your spouse that neither one of you can sell or borrow against marital assets, harass one another at work, etc. Courts issue these Orders automatically to keep things financially stable while the divorce is pending.
Marital Dissolution Agreement. For an agreed divorce (otherwise known as an irreconcilable differences divorce), you’ll file a document that you and your spouse sign that describes how you want the Court to address the financial aspects of your divorce. You and your spouse can also sign an agreed Parenting Plan for the children if you both agree on all terms.
This may seem like a lot, but it’s just part of the day-to-day work of Held Law Firm, and we can walk you through it, no problem. Give us a call when you are ready!