148
edits
Difference between revisions of "How Do I Get Divorced?"
Jump to navigation
Jump to search
no edit summary
Nate Russell (talk | contribs) |
|||
| Line 26: | Line 26: | ||
|- | |- | ||
{{:Form F3 Notice of Family Claim}} | {{:Form F3 Notice of Family Claim}} | ||
|- | |||
{{:Form F1 Notice of Joint Family Claim}} | |||
|- | |||
{{:Form F15 Affidavit of Personal Service}} | |||
|- | |||
{{:Form F35 Requisition (Divorce)}} | |||
|- | |||
{{:Form F17 Requisition (General)}} | |||
|- | |||
{{:Form F38 Affidavit Desk Order Divorce}} | |||
|- | |||
{{:Form F37 Child Support Affidavit}} | |||
|- | |||
{{:Form F36 Certificate of Pleadings}} | |||
|- | |||
{{:Form F52 Final Order}} | |||
|} | |} | ||
==Begin the court proceeding== | ==Begin the court proceeding== | ||
You <span class="noglossary">will</span> need to file a [[Form F3 Notice of Family Claim|Notice of Family Claim]] in Form F3, and attach Schedule 1. Schedule 1 gives the court the information it needs to make the divorce order. (A special Notice of Joint Family Claim in Form F1 is used when a couple is asking for the divorce together.) There is a $210 filing fee. | You <span class="noglossary">will</span> need to file a [[Form F3 Notice of Family Claim|Notice of Family Claim]] in Form F3, and attach Schedule 1. Schedule 1 gives the court the information it needs to make the divorce order. (A special [[Form F1 Notice of Joint Family Claim|Notice of Joint Family Claim]] in Form F1 is used when a couple is asking for the divorce together.) There is a $210 filing fee. | ||
You <span class="noglossary">will</span> be required to file an original copy of your marriage certificate with your Notice of Family Claim. This is the ugly brown document you got from the government, not the flowery thing you received from your officiant. | You <span class="noglossary">will</span> be required to file an original copy of your marriage certificate with your Notice of Family Claim. This is the ugly brown document you got from the government, not the flowery thing you received from your officiant. | ||
| Line 38: | Line 54: | ||
==Serve your spouse== | ==Serve your spouse== | ||
Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server <span class="noglossary">will</span> need to swear an Affidavit of Personal Service in Form F15 to prove that service was done and when it was done. (Couples who are filing the Joint Notice of Family Claim together don't need to have anyone served.) | Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server <span class="noglossary">will</span> need to swear an [[Form F15 Affidavit of Personal Service|Affidavit of Personal Service]] in Form F15 to prove that service was done and when it was done. (Couples who are filing the Joint Notice of Family Claim together don't need to have anyone served.) | ||
==Wait== | ==Wait== | ||
| Line 48: | Line 64: | ||
Once the 30 days are up, you <span class="noglossary">will</span> need to pay an $80 fee and file the following documents: | Once the 30 days are up, you <span class="noglossary">will</span> need to pay an $80 fee and file the following documents: | ||
#a Requisition in Form F35 asking for the divorce order, | #a [[Form F35 Requisition (Divorce)|Requisition]] in Form F35 asking for the divorce order, | ||
#a Requisition in Form F17 asking the court staff to search for a Response to Family Claim or Counterclaim, | #a [[Form F17 Requisition|Requisition]] in Form F17 asking the court staff to search for a Response to Family Claim or Counterclaim, | ||
#the Affidavit of Personal Service your process server prepared, | #the Affidavit of Personal Service your process server prepared, | ||
#a special affidavit in Form F38 giving the court the evidence it needs to make the divorce order, | #a special [[Form F38 Affidavit Desk Order Divorce|affidavit]] in Form F38 giving the court the evidence it needs to make the divorce order, | ||
#if there are children, a Child Support Affidavit in Form F37 giving the court the evidence it needs to conclude that appropriate arrangements have been made for the support of the children, | #if there are children, a [[Form F37 Child Support Affidavit|Child Support Affidavit]] in Form F37 giving the court the evidence it needs to conclude that appropriate arrangements have been made for the support of the children, | ||
#a blank Registrar's Certificate in Form F36, and | #a blank [[Form F36 Certificate of Pleadings|Registrar's Certificate]] in Form F36, and | ||
#a draft divorce order in Form F52. | #a [[Form F52 Final Order|draft divorce order]] in Form F52. | ||
(Couples who are filing the Joint Notice of Family Claim together can file these documents, without the Affidavit of Personal Service, as soon as they've filed their Notice of Family Claim.) | (Couples who are filing the Joint Notice of Family Claim together can file these documents, without the Affidavit of Personal Service, as soon as they've filed their Notice of Family Claim.) | ||
| Line 70: | Line 86: | ||
A much more detailed description of the divorce process, complete with blank court forms and examples of what they look like when they're filled out properly is available in chapter [[Separation & Divorce]] within the section [[Divorce]]. | A much more detailed description of the divorce process, complete with blank court forms and examples of what they look like when they're filled out properly is available in chapter [[Separation & Divorce]] within the section [[Divorce]]. | ||
{{REVIEWED | reviewer = [[Tom Wallwork]], October 26, 2013}} | |||
{{REVIEWED | reviewer = [[ | |||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||