Now that you’ve researched your state’s divorce laws and downloaded divorce forms, it’s time to prepare the legal documents necessary to initiate your separation, annulment or divorce. Most state courts provide divorce forms that are easy to complete, with boxes to be checked and blanks to be filled in. So with that in mind, lets get started on your tasks for the week, which are as follows:

1. Print or photocopy two sets of the applicable forms for a legal separation, annulment or divorce.
2. Read the instructions provided with the forms.
3. Using a pencil, check all of the boxes and fill in all of the blanks, for which you have the answers or necessary information.
4. Using a highlighter pen, highlight all of the boxes and blanks, for which you do not know the answers or have the appropriate data.
5. Re-read the forms you just completed for accuracy.
6. Re-read the instructions and confirm that you filled out all of the forms your county requires (e.g. Petition, Summons, domestic violence forms, child custody forms, financial declarations)
7. If your state does not provide standardized legal forms, go to your courthouse and ask the family court clerk if there are any sample pleadings available that you can use as a reference. If sample pleadings are not available, look for a divorce clinic or paralegal in your city who may be able to help you.
8. Once you’ve filled out the forms or drafted the pleadings to the best of your ability, call a lawyer and schedule an appointment to review the documents with you. Do this even if you are representing yourself.
9. During the meeting with a lawyer, ask him or her to review your pleadings with you, in detail. Be sure he or she explains all of your legal rights and discusses the potential outcome of your case if a judge were to grant your separation, annulment or divorce based solely on the documents you prepared. Also ask the lawyer to confirm that: a.) you meet your state’s residency requirements, b.) you have the proper grounds for divorce, c.) you are filing your case in the proper county, d.) you should file a fault or no-fault divorce, e.) the court can make orders relating to your husband’s military pension and retirement, if applicable, and f.) any other questions you have about your legal rights and the relief you are, or should be requesting, in the divorce.**
10. Make any changes to your pleadings that you deem necessary upon the advice of counsel. If you weren’t satisfied with the legal advice provided, schedule and meet with another lawyer to get a second opinion. (While we understand this may be expensive, it is very important to understand your legal rights and make your requests of the court, accordingly. Also, after meeting with a lawyer or two at this stage in the legal process, you may have all of the information necessary to continue representing yourself with minimal additional expense.)

**”Why should you speak to a lawyer even if you’re representing yourself?” Because the statements you make in the initial legal documents could ultimately determine the outcome of your case. For example, if you do not request spousal support, alimony or maintenance in your Complaint or Petition and the judge grants a separation or divorce based solely on your legal pleadings, you may not get spousal support, alimony or maintenance, even if you are legally entitled to it and actually wanted it. Additionally, once your divorce is final, it can be EXTREMELY difficult to undo what’s already been done..

For those of you who missed our last four divorce tips, which will help you walk through the divorce process from A to Z, you can find them here: 1. Pre-Divorce Research, 2. Pre-Divorce Financial Planning 3. Making the Decision to Divorce 4. Separation, Annulment or Divorce.

his is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: divorce tip weekly legal forms documents Petition Complaint Summons Legal Separation Annulment Starting divorce process divorcing get divorced marriage relationship women woman law