Obtaining Free Divorce Forms
Website companies and services can help parties with limited resources that agree on the issues of a marriage and disolution of the marriage. Most county courth clerk's offices can also provide free divorce records at your local courthouse. While the clerk's office cannot provide you with legal services or answer legal questions other than procedural questions, these divorce forms can assist parties with answering at least preliminary questions about pleadings, documents and the time line of filling for divorce.
Wife Files for Divorce
There used to be a stereotypical response to any woman filing for divorce against her husband, which was "she'll take him to the cleaners." Whether true at one point or not, in today's society, most courts of law recognize that both parties contributed to the marriage in some manner and both deserve a fair and equitable division of marital property. If the wife files for divorce, there is no greater chance that she will be the one that ends up with the most property out of the marriage, than the husband. Judges look at the overall situation of the parties, the income of both, the debt load of both and attempt to fairly and equitably divide the property. Often is the case that when a judge has to be involved in resolving the matter, neither party ends up completely satisfied. This is why, if both parties can resolve isses on their own, they may be more likely to gain the property or division they're seeking, rather than having someone neutral and un-involved decide the matter.
Service of Process
In a divorce case, everywhere across America, both parties are required by law to have all the divorce paperwork. The divorce forms and divorce papers, once filed at the court by the Plaintiff, are then "Served" on the Defendant. This simply means that the paperwork is given to the Defendant in a way that allows the court to know that all parties received the papers. There are a few simple was to do "Service". 1. Some States allow Registered Mail to be used. The postman brings the divorce forms in a package to the Defendant's home. The Defendant then signs for the package. 2. By County Seriff. The County Seriff brings the paperwork to the Defendant's Home or Work. (Home is preferable.) 3. By Process Server. These are much more expensive and this is not normally used unless you want to spend a lot of money for a person to go find your spouse if they are allusive. 4. By Publication. If you spouse cannot be located, you would run an add in a local newspaper. With a service like the Divorce Do It Yourself Service, they give you instructions about how to do your own Service of Process that is easiest in your area.
Consequences of Filing Divorce with Regard to Taxes
If it appears that divorce is the outcome of a marrital relationship, the parties will be wise to consider all the ramifications involved, even that of the tax affect. Filing divorce and filing tax returns can be done in such a manner to benefit both parties. For example, someone filing a tax return of married filing jointly with all the deductions of home ownership, etc. may net the parties a larger return to split equitably than if both parties file separately. Especially if there are children involved, those deductions may make a large difference in what the parties have to pay in taxes. Carefully consider timing and options when it comes to filing your taxes the first year of your divorce.
What Happens when Someone Files for Divorce
The legal manuevering of filing a lawsuit can sometimes be confusing. When filing for divorce, the first pleading that is filed is a document called a petition. This is from the party seeking the divorce, essentially saying that for the stated reasons, this person feels that the marriage relationship is irretreivably broken. Once a petition for divorce is filed, then the other party files a response or answer. Usually the answer contains either an agreement with the petition or states in detail why the respondent or other party disagrees with the contentions filed in the petition. If the parties can and do agree on all the issues, then the resolution to the case usually comes quickly and an absolute divorce can be granted by a judge along with a property settlement agreement and a parenting plan if children are invovled.
I am getting Served divorce papers
When you are the one who is getting "Served" the divorce papers, you have a few choices. 1. You can go to a lawyer and have them prepare an "Answer" for you. This is usually the most costly and is only used in a divorce where the husband and wife disagree on the terms of the divorce. 2. You can do nothing and the divorce will go through on a Default basis. This is where you sit on your hands and do absolutely nothing and the divorce happens just the way it looks like on the Divorce Paperwork that you have in front of you. 3. You can choose to have a service like the Divorce Do It Yourself Service do your divorce for you and then you would be in agreement to the divorce and you could sign the papers and agree to the terms of the divorce. Or you can contact your Spouse and have the divorce forms altered to meet what BOTH of you want in the divorce.