Learn about the types of divorce papers online, Know when you are been served with a fake divorce papers and so much more.
Table of Contents
Divorce Meaning ?
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union.
Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.
Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.
Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting).
One of the reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.
How Are Divorce Papers Served ?
After you or your spouse file for divorce, a copy of the summons and complaint (and anything else you filed) must be hand-delivered to your spouse (the “Defendant”).
This is called “service of process.” The Court does not serve the papers for you, It is up to YOU to make sure your spouse gets served.
How Long Does Divorce Take?
The uncontested type of divorce is the best and most cost effective for all parties concerned. It can be finalised within 4 weeks.
If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.
10+ Divorce Papers Served In Marriages
• Divorce Summons Papers
A summons is a formal notification to you that a case has been filed. In the case of a divorce, it informs you that your spouse filed for divorce paper and may schedule the first court appearance.
• Divorce List
This is a list of the most expensive divorces in legal history. Amounts are given in U.S. dollars, and are not adjusted for inflation, unless explicitly stated so as a separate figure.
• Writ Of Divorce Papers
A Writ of Divorce is the document that the initiator of the divorce must first file in Court, in order for divorce proceedings to be formally commenced against his/her spouse.
In addition, the general rule is that the Writ of Divorce Papers must also be personally served on the errant spouse for it to be effective, although under certain circumstances (such as where the errant spouse cannot be located) the Court may choose to dispense with this requirement.
• Affidavit For Divorce Papers
A divorce affidavit is that kind of affidavit document on which an oath is taken by both the spouses about their wish to call off their marriage legally.
In a divorce affidavit papers, it may be required for both the spouses to file another financial affidavit for dividing the financial properties between them.
• Divorce Decree
A divorce decree is a court divorce papers that is a final judgment from divorce court. It contains information about your case including spousal support, child support, custody, visitation, property division, and other information.
• Divorce Testimony
When going through a divorce papers, a character witness testifies about your moral character, responsibility, and other personal qualities.
The court relies on this person’s word, so the witness must be very familiar with the person that they are testifying about.
• Divorce Letters
Demand Letter is a legal letter sent to the other party offering to settle a claim that might be made, this does not necessarily involve legal action.
These letters are usually sent out prior to legal proceedings commencing, the purpose of this letter is to settle before court.
• Divorce Memorradum
A Memorandum of Understanding (MOU) is an agreement signed between husband and wife when they divorce mutually.
It outlines the terms for mutual divorce. The couple can then submit this before the court. This type of document also explains the goal of a particular course of action.
Fake Divorce Papers
Within the divorce process either you or your wife will have to sign a statement of truth stating that the contents of your divorce petition are true.
Lying on official court documentation is perjury. Obtaining a financial benefit (if indeed you do so) as a result of a sham divorce is also fraudulent.
How To Tell If Divorce Papers Are Fake
According To wikiHow, Most courthouses have a public records computer terminal. You can search by your name or the name of your spouse. Check them carefully and get the right file.
• Ask the court clerk’s office for help. The counter clerk can look records up for you and confirm whether a divorce has been filed
Note: If a divorce has been filed you should receive a Summons and a copy of the divorce petition from the Court via Certified Mail, or personal delivery by a Sheriff or process server.
If you receive a Summons, you must respond by the date on the document, usually 20 days after receipt.