What are Divorce Papers?

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  • Written By: Angela Crout-Mitchell
  • Edited By: Allegra J. Lingo
  • Last Modified Date: 06 February 2020
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There are several types of divorce papers, and each variety deals with a specific element of the divorce including tax information, details regarding the division of martial property, and, if applicable, the amount of spousal or child support. Some separating couples choose to hire divorce attorneys to handle the creation and processing of these papers, while others are able to take care of all of the paperwork online before their appearance before a judge. Divorce mediation sessions may be necessary for the couple to reach an amicable and fair compromise in terms of the division of assets and child custody, especially in the case of difficult divorces. Each region has varying divorce laws that must be adhered to throughout the proceedings in order for the marriage dissolution to be considered legal and binding.

In the early stages of a divorce, the first type of papers usually required are those pertaining to each partner's income and tax information. Specific types of divorce papers need to be correctly completed, and it is suggested that the couple consult their lawyers, accountants, or other professionals to ensure the information is current and correct. Any discrepancies or mistakes on these divorce forms can impede the divorce process, or cause the offending party to be penalized monetarily. It is also essential that all sources of income, including savings or retirement accounts, are disclosed to the court.


Divorce papers will also include information pertaining to the division of the martial property, such as the home, cars, furniture. In most cases, the courts will try to award each partner an equal amount of the property or the proceeds from the sale of the property. Each divorce case is different in terms of the property to be divided, and it is not unusual for assets such as businesses and recreational homes or equipment to be sold to benefit both partners.

Another common aspect of divorce papers regards child custody and support, as well as potential spousal support. Divorce forms are used in most areas to calculate the amount of child support the absent parent will be required to pay to the custodial parent for the care of the dependents. These calculations are based on many factors, including both parents' income. Spousal support is most often awarded in cases where one partner has either worked for the other spouse or remained at home instead of working outside the home to care for children or other family members. This form of support is intended to allow the both spouses to retain their former and accustomed to quality of life.


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