When it comes to divorce online and separation, there are many processes you can set in motion yourself with the use of forms you can find online. Here are the details of the kinds of documents you can use to come to various agreements when you’re going through the separation or divorce process. We’ll also touch on some of the documents courts use to finalize separation and divorce proceedings
Divorce Online – Petitions & Complaints
The first step in the process of divorce is filing a petition to the court. This is simply a form which informs the court of your desire to have your marriage legally terminated. The type of form you use here will depend on whether or not you have children. Generally speaking, the process is a lot simpler and more streamlined when there are no children involved in the divorce. These forms are also referred to as a Complaint for Divorce. It’s fairly easy to find general forms that can apply to the laws of all states.
Decree of Divorce
A Decree of Divorce is not a form you fill out yourself – rather, this is a document issued by the court to finalize your divorce. It’s the legal document which shows your marriage has officially been terminated. The exact details of this document will be specific to your situation and the state in which your divorce takes place.
Divorce Online Separation Agreements
Legal separation is different from divorce. It’s relatively easy to process a legal separation, and it often acts as a ‘trial’ before real divorce proceedings take place. For the most part, legal separation documents deal with forming agreements on property division. Again, the terms of the document will differ depending on whether or not you have children. Filling out one of these documents prior to a divorce can help you save time and avoid getting stuck in a drawn-out court battle.
Postnuptial and Prenuptial Agreements
These are simply agreements formed between you and your spouse either before you get married (prenuptial) or while you’re already married (postnuptial). For example, you may make a prenuptial agreement to keep any assets you bring with you to the marriage in the event of a divorce. This helps avoid an unfair distribution of property if you end up getting divorced.
As well as prenuptial and postnuptial agreements, there are forms to terminate these agreements. In other words, you can form an agreement prior to getting married, then terminate it later (while still married) if circumstances change. You can also find forms to make amendments to an existing prenuptial or postnuptial agreement.
Many couples think prenuptial agreements are not romantic – and they aren’t. But if you and your spouse have uneven assets or earnings, it’s definitely worth considering an agreement.
Divorce Online Forms Relating to Children
Figuring out what’s going to happen with the children in a marriage is one of the most difficult aspects of going through the divorce and separation process. You need to figure out visitation and custody plans, as well as financial support plans for the kids.
The first forms you’ll have to deal with involve organizing plans for sharing child custody and sorting out visitation. Having these matters agreed upon and set in writing with your spouse makes divorce proceedings much more straightforward. If you can’t come to an agreement on your own, these matters will be decided by a judge – a drawn out process which can result in a lot of stress for one or both spouses.
Aside from that, there are also forms you can use post-divorce if your spouse fails to pay child support on time. Child support and alimony payments will be determined either by your own agreements, or by the court’s decree when the divorce goes ahead. If your spouse doesn’t keep up their end of these payment agreements, you can use formal warning letters to encourage them to pay before you take legal action. Often just sending a formal letter can be enough to motivate your spouse to pay up, even if you haven’t yet enlisted the help of a lawyer.
Appearance, Consent and Waiver Forms
These forms relate to some of the finer details of the divorce and separation process. For example, if your spouse lives out of state, you may have to request that they appear in court in your state in order for the divorce proceedings to go ahead. Other forms that fall under this category include appeals of court decisions or contradictions of evidence used in the case. If you think a trial has been unfair for some reason and you have a legal basis for this, you can also request a new trial.
Property Division and Agreements for Divorce and Separation
These forms are for exactly what the name suggests – finding a way to divide up your financial assets between you and your spouse. Because this process can be very complex, you may want to enlist a lawyer to help you – however you can find tables and spreadsheets online that help you keep track of how assets and debts will be divided, which can make it easier to come to an agreement with your spouse and thus make the whole divorce process much smoother.
Divorce Online & Cohabitation Agreement
It may be the case that you’re not legally married, but have been living with a partner for the long term. In this situation, you can use a cohabitation agreement to create some legal ground rules for your living situation without actually getting married. This simply helps you both know what to expect from each other and can help you avoid getting into conflicts over asset ownership or finances – topics which are major causes of divorce and separation.
There are many Divorce Online Forms that you can use to either file for a divorce, seperation, file for child support, and many others. Find one that best meet your needs.