Forms and Court Papers Involved with a Fault Divorce

Divorce actions are usually handled by a State’s Probate and Family Court division of that State’s judicial or court system. Each State’s divorce laws and requirements are different but some elements of action are universal in nature and those pleadings and divorce related forms are routinely required in contested fault based divorce action in all States.

Summons

The summons is the paper drawn up by the court which must be served on the defendant along with the complaint. The summons informs the defendant that a case has been filed against him, the court where it is filed and the time he has to respond to the complaint without being defaulted.

Complaint for Divorce

A complaint for divorce usually involves an allegation of some type of fault by the defendant and resulting in injury and damages to the plaintiff and requests a judgment for divorce in favor of the plaintiff. Fault in a divorce complaint can include adultery, desertion, mental, sexual or physical abuse of the wife or marital children, severe alcohol, drug or substance abuse, physical incapacity, confinement in prison, incurable insanity and other fault State recognized fault allegations.

Answer

The Answer is the defendant’s response to the complaint for divorce against him. It will include his denial of the claimed marital misconduct and all of his defenses to the complaint’s allegations of fault and must be filed within a specific period of time to be accepted by the clerk of courts. Many times the defendant can respond to the complaint for divorce by claiming collusion, condonation and connivance on the part of the plaintiff spouse to avoid being found at fault in a final judgment for divorce.

Financial Statements

Individual financial statements are required to be filed with the court by each spouse. These statements may be held in a confidential manner by the clerk but don’t count on it. These statements detail the monthly income and all monthly expenses of each individual spouse so that the court can have a financial picture of the financial status of both before making any final decisions on alimony, child support or the allowance of attorney fee payments.

Financial Disclosures

Some State require additional financial disclosures in a divorce action such as any sudden transfer of ownership of real property or other asset transfers that the other spouse may not be aware occurred.

Getting Legal Help

If you or a member of your family is considering taking the steps necessary to dissolve their marriage it may be helpful to access the guidance and legal experience of a divorce lawyer.

Thinking About Divorce?