When you are involved in a divorce, you have probably found that there is so much paperwork involved with your case. From the initial petition, to figuring out finances, you will find that the paperwork seems to never end! The good news is, most states follow similar guidelines when it comes to pleadings. Today we will take a look at the different pleadings you may come into contact with when you are going through divorce.
Initially Petitioning for Divorce
First, you start out by filing a complaint for divorce or a petition for dissolution. This is the pleading that starts your divorce. You are then known as the plaintiff and your spouse is known as the defendant. Usually, the petition will cover important facts like how long you gave lived in the state, when you were married, the names of your children, and so much more. You may even be able to list all the things you’d like a judge to order on, such as child custody and support issues.
From there, you will ensure that your spouse receives the pleadings in the most acceptable way. Your spouse will have time to respond to the divorce petition. Your spouse could even request their own relief, which could put your spouse in a better position if you decide to not go through with the divorce down the road.
Figuring Out Finances
Then, you will figure out finances with financial affidavits, which will supply you and the court with specific knowledge of not only your own finances, but those of your spouse as well. This will help you understand where you both stand on issues like marital property and debts.
Finally, the Decree
When the divorce is final, you will see something known as a decree. It will detail the judge’s decision if you and your spouse go to trial as well as merge with your written agreement if you decide to resolve things on your own with your spouse. Your decree will probably reiterate all of the terms of the agreement within the document, and it is legally binding. You could take your spouse back to court on these issues to enforce your order.
As you can see, there are many types of pleadings that could be prevalent in your case. To gain a better understanding of the many aspects of divorce, you should speak to an attorney as soon as possible. Call us for more information on how we can help you with your case.
