The Process of Filling out a Divorce Application
Written by Christy Oconnor
When you are preparing to file for divorce, you can expect to answer a number of questions on the divorce application. Whether you fill it out yourself or the divorce lawyer fills it out for you is of no relevance. The issue of greatest importance is to remember it will be necessary to provide answers to some pertinent questions that have direct relevance to your divorce filing. While you may feel the questions are irrelevant to the divorce application, they are all necessary in order for the lawyer to properly handle your case and present it properly to the court.
If you don't have the answers to all the questions on the divorce application, do not attempt to make up answers—be honest with your lawyer and tell him or her you really do not have the answer to some of the questions. In most cases this involves the spouse who has no idea where the other spouse is and must rely on providing the last known address or an alte
ate address where he or she might be living. This is something that can clearly hold up your case because if you do not know where your spouse is living, the lawyer is obligated to place a notification in the local newspaper closest to the last known address—in most states the notification must run for twenty days in order to provide the spouse enough time to respond if he or she sees the notice.
Most of the questions you will find on the divorce application are easy enough for the petitioner to answer and include but are not limited to the following:
• Name of petitioner and respondent
• Address of petitioner and respondent
• Telephone number for petitioner and respondent
• Social Security Number of both petitioner and respondent
• Employment of both petitioner and respondentr
The divorce application will also allow you to provide information about children and other information that is pertinent to the filing of the petition. The information you must provide is likely to vary according to where you live especially if you live in a community property state. Divorce applications are not uniform, so you will need to verify with your lawyer what information he or she will need from you during your first consultation. The more information you have readily available the less time it will take for your case to be scheduled in court.
You want to keep in mind that the lawyer charges by the hour, so if you want to cut the cost of your divorce, plan to fill out the divorce application yourself. You might even ask the lawyer's office to provide a copy of what they use and have it ready when at your first appointment. The less time it takes the lawyer and his staff to prepare your case the less money you will have to pay. You also need to remember each of the ancillaries must be filed as well even though those petitions may not be heard as part of the divorce proceedings.
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