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Divorce Forms

Divorce law is governed by state law rather than federal law. As a result, the divorce forms necessary vary greatly from state to state. However, there are some common attributes.

One of the first divorce forms you may need to file is an application with the clerk of the court for a preliminary conference. In a preliminary conference, each spouse meets with a court appointed arbitrator to make some initial decisions on the division of marital assets. At this time, issues relating to fault and to child custody may also be discussed. However, the preliminary conference is just that: preliminary. It does not involve the final disposition of the issues, and is really just a way to air grievances.

Second, many states require a period of separation before a divorce can be granted, particularly in a no-fault divorce. A separation is a complete physical separation of the couple, meaning that they maintain different residences and that physical contact is limited. However, for the separation to be effective, a divorce form showing notice of the separation must be filed with the appropriate court. Usually, this will be the family court of the local jurisdiction.

Often times in a divorce proceeding, one or both parties may choose to represent themselves and thus not seek legal help. In these cases, it is also necessary to file a divorce form with the court to ensure the party seeking self-representation understands the consequences of doing so and the nature of the act.

Finally, there are a number of general forms that you will need to file in any divorce. These forms include court forms, such as a pleading, depositions, summary of arguments, discovery orders, etc. In addition to the court forms, there are specific divorce forms as well where you state the reason for the divorce as well as the result you are seeking.

To find the necessary divorce forms for your area, you should contact the courthouse or the clerk of the court in your local jurisdiction. You can find this information online and in your local yellow pages.

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