Filing for divorce can be a tedious process, especially since it differs by region. It's important to do some research to make sure the procedure goes smoothly and that you are happy with the results. Keep reading for information on what you need as you prepare to file for divorce and how to organize the filing process.
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Method 1 of 4: Preparing to File for Divorce
Step 1. Find out where to file for divorce
Most states have minimum residence time requirements for people who wish to file for divorce.
- If you live in the same place for six months or more, you may be able to file for divorce in your state, even if your spouse does not live there.
- If you haven't lived in the same place for a long time, first, you may have to file for separation and then divorce after you've met your state's minimum residency requirements.
- In most cases, you must file in the state where you live, even if you are married in another state. Exceptions can be made for same-sex couples who marry in a state other than their state of residence for legal reasons.
Step 2. Decide what result you want to get
Divorce can take many forms. In some cases, divorce goes well and is relatively easy to do, but divorce can also be very complicated. What kind of divorce will bring about the results you want? Consider the following factors:
- Do you own land or other assets with a partner that you plan to share?
- Do you have children with your spouse, and will you seek custody of them?
- If you seek custody, will you also seek child support from your spouse?
- Consider making a divorce statement so you can outline your goals and desires.
Step 3. Gather information
Before meeting with a lawyer for a consultation, you will need a real picture of what to share. Organize documentation on both assets and liabilities, including the following:
- Housing, bank accounts and property.
- Mortgages, loans and credit card balances.
Step 4. Meet with a lawyer
Schedule a consultation with an experienced divorce attorney. Even an easy divorce can be tricky, and a divorce attorney can answer specific questions about your situation. Even if you end up representing yourself, an hour's consultation with an attorney can help you move through the process smoothly.
- Be prepared to talk about your goals and desired outcomes.
- Bring the documentation you collect regarding your assets and debts.
- Prepare a list of questions specific to your situation to ask a lawyer.
- Ask a lawyer to help you plan your filing based on the laws that apply in your area.
Method 2 of 4: Filing Divorce Papers
Step 1. Fill out the court form correctly
Go to the courts in your area or visit their website online for the forms you need to fill out to start your divorce case.
- The spouse making the submission is referred to as, the “Applicant” and the recipient of the petition is known as, the “Defendant Party”. The most common reason for filing for divorce is “difficult to reconcile differences” for divorce without blaming each other.
- In most cases, you will fill out a Family Law Petition, which provides the court with information about your marriage and the decision you want the court to make.
- You will complete a Summons Letter, which outlines important information about the divorce proceedings in your area, including standard rules regarding the handling of your assets and debts during the continuation of the divorce proceedings.
- If it says you own land, you will fill out a Property Declaration form.
- If you have children under the age of 18 with your spouse, you will fill out forms regarding child custody and visiting schedules.
Step 2. Review the form
In order for divorce petitions to run smoothly, it is important that the papers are properly filled out with accurate information.
- Ask your attorney to review the form and make a recommendation.
- If you don't want to hire a lawyer, seek help from a family law court facilitator or self-help center.
Step 3. Submit the form
After everything is filled out correctly, return the form to the court for a formal filing.
- Make two copies of each form, so that you and your partner have a copy each. Submit the original form to the court.
- You have to pay an application fee, which varies from region to region. The cost can be several million rupiah; if you can't afford it, ask for a fee waiver statement.
Step 4. Send divorce documents to your spouse
This is a legal process to notify your spouse that a divorce petition has been filed, and litigation cannot continue until the paperwork is executed.
- Look for or hire a “treasury” to deliver documents to your spouse. You can't do it yourself, but you can ask a friend or relative who is over 18, hire a professional bailiff, or hire the local police chief.
- Ask the bailiff to deliver the correct documents in person or in some cases, by mail, if this arrangement has been pre-approved.
- Ask the bailiff to fill out the Proof of Service form. Ask a lawyer or court staff member to make sure the papers are filled out correctly.
- Make a copy of the Proof of Service form, then submit it to the bailiff.
Method 3 of 4: Submitting a Financial Statement
Step 1. Create a Declaration Letter after submitting your petition
In order for your petition to proceed, you and your spouse must disclose your financial information and file it in court.
- Based on your circumstances, fill out the Declaration Letter and complementary documents, or a simpler financial statement form. Talk to your lawyer which one is right for you.
- In most cases, you will need to attach your tax return from the last two years.
Step 2. Ask your spouse to send you a financial statement form
Your spouse should also request that you send a financial statement form, so that both of you have an agreement about the assets and debts to be shared.
- Make sure you keep multiple copies of the form. This form will not be filed with the court, so it is important that you file it with your personal documents.
- If there is a change in your financial situation after submitting the initial declaration form, you will need to complete a second set of forms and go through the declaration procedure again.
Method 4 of 4: Resolving Divorce
Step 1. Write an agreement with your partner
If your spouse is cooperating throughout the divorce process, the next step is to write an agreement regarding assets, debts and child custody.
- Ask a lawyer to help you write the agreement to make sure the letter is legally secure.
- Ask for approval to be notarized.
- If your spouse does not respond to your divorce petition or affidavit after 30 days, you must complete the final form without prior consent.
Step 2. Fill in the final form
Fill out the final set of forms regarding your assets and debts, child custody, child support, and other specifics related to your situation.
- Ask your attorney or a member of the court staff to review your forms to make sure they are filled out correctly.
- Make copies of the forms and file them in court.
Step 3. Accept your rating
After reviewing the final form, the court will send you a judgment notice to let you know the outcome of your divorce and the next steps you must take to resolve it.
