Divorce Information and Worksheet

Divorce Information and Worksheet

Instructions: This worksheet is designed to be used by persons contemplating a divorce. It may also be used by your attorney. Completing this form before your initial interview with your attorney may save you valuable time and money.

Part 1 - Definitions – Terms and Explanations

1. Complaint — The pleading used to commence a divorce action that is filed with the court clerk, usually in the county of residence of the parties.

2. Petition — Same as complaint. Some States use the term Petition instead of complaint.

3. Plaintiff / Petitioner — The person who files the complaint. May be called Petitioner if a Petition is used instead of a complaint.

4. Defendant / Respondent — The person who the complaint is filed against.

5. Co-Plaintiffs — When both parties sign the complaint in a divorce action it is called a Joint Complaint or Joint Petition.

6. Summons — A document signed by the Court Clerk and served on the defendant.

7. Cover Sheet — Some states require a cover sheet to be filed with the complaint, petition or joint complaint.

8. Information Sheet — Same as Cover Sheet.

9. Waiver of Process — In cases where the defendant does not desire to file an answer, or where the defendant agrees to the divorce, the defendant will file a waiver of process.

10. Entry of Appearance — Often the defendant will include an entry of appearance with the waiver of process.

11. Court Clerk — Courts have clerks who handle the court papers, hearings and other matters.

12. Waiting Period — Some states have a waiting period from the time of filing the complaint before the matter may be heard or a final judgment entered.

13. Final Judgment — The form which concludes the divorce is called a final judgment.

14. Dissolution — Some states use the term dissolution of marriage instead of divorce.

15. Declaration — Same as Complaint or Petition.

16. Military Affidavit — States that the defendant is not in active military service.

17. UCJA — Uniform Child Custody Jurisdiction Act.

18. Joint Custody — Some States allow joint custody in certain cases.

19. Physical Custody — Means the parent that will have physical custody of the children.

20. Legal Custody — Both parents may have joint legal custody and be equally entitled to make decisions.

21. Custodial Parent — Same as parent with physical custody.

22. Non-Custodial Parent — Parent that does not have physical custody.

23. Child Support — Amount of money usually paid to the custodial parent for the maintenance and support of the children.

24. Child Support Factors — Factors used to determine the amount of support.

25. Child Support Guidelines — Guidelines used to calculate child support.

26. Visitation — Right of the non-custodial parent to visit with the children.

27. Settlement Agreement — Agreement between husband and wife settling all property, child support, custody, and other issues.

28. Residency Requirement — The length of time one or both parties reside in the State before a divorce action may be filed.

29. No-Fault — Uncontested agreed divorce.

30. Contested — Divorce where one party does not consent to the divorce.

31. Jurisdiction — The basis for the Court to hear a case.

32. Venue — The proper county in which to file the divorce.

33. Cooling Off Period — Required time interval between the date of filing and entry of divorce.

34. Financial Statement — Statement of parties’ assets, liabilities, and net worth.

35. Filing Fee — A fee that is paid at the time of filing of the complaint.

36. Child Support Worksheet — Worksheet used to evaluate child support to comply with child support guidelines.

37. Uncontested — Agreed divorce or divorce where defendant does not appear.

38. Separate Property — Property not considered marital property.

39. Marital Property — Property acquired during the marriage.

40. Equitable Distribution — Division of marital property between husband and wife.

41. Joint Property — Property owned by husband and wife equally.

42. Answer — Pleading filed to respond to a divorce complaint.

43. Discovery — Fact-finding process after the divorce complaint has been filed.

44. Interrogatories — Written discovery questions from one party to another.

45. Deposition — Oral questions from one party to another.

46. Request for Admissions — Written questions in the form of asking a party to admit truth.

47. Fault Grounds — Basis for divorce, such as adultery.

48. No-Fault Grounds — Basis for divorce where there is no need to prove actual fault.

49. Irreconcilable Differences — A typical no-fault ground for divorce.

50. Irretrievably Broken — Same as irreconcilable differences.

51. Deadlines — Time within which action must be taken, such as filing an answer.

52. Hearing — Presenting testimony before the judge.

53. Pleading — Documents such as the complaint, answer, etc.

54. Joint Complaint — Complaint filed by both husband and wife.

55. Alimony / spousal support / maintenance — Monetary award for the support of dependent spouse.

Part 2. - Your Personal Information

Part 3. - Spouse Personal Information

Spouse Name: U.S. Citizen: Yes No

Address: Date of Birth:

Social Security Number:

City: State: Zip:

Where does spouse presently live, if different than address above?

How long has spouse lived at present address?

How long did spouse live at former address, if applicable?

Birth State and County:

Has spouse lived in a community property state? Yes No

If yes, what state?

Does spouse have a known future residence address? Yes No

If yes, list address:

Education level of spouse:

Describe spouse’s physical condition and any health problems he/she may have:

Describe any emotional problems spouse may have:

Spouse Employment

Where is spouse employed?

Position:

Address: City: State: Zip:

Phone: Fax:

How long employed at present employer?

Previous employer: Position:

Address: City: State: Zip:

Education

Educational Level: Degrees:

Part 4. - Marriage

Place of Marriage:

Have you ever been separated from your spouse before? Yes No

If yes, please provide dates and details of separation:

Are you now separated from your spouse? Yes No

If yes, provide details of separation:

What was date of separation?

Part 5. - Children

Name(s) and Date(s) of Birth:

In what city and state were the children born?

Has there ever been any prior litigation regarding the custody of the children? Yes No

If yes, please explain:

Where do the children reside now? Husband Wife How long?

Are there any special issues or circumstances to be considered regarding the children? (Medical problems, etc.) Yes No

If yes, please explain:

Do the parents agree to terms of custody/visitation? Yes No

If Yes, please select:

Sole custody to Wife with reasonable visitation to Husband

Sole custody to Husband with reasonable visitation to Wife

Joint custody to Husband and Wife

Other (describe)

What is address where children presently reside?

Is wife pregnant? Yes No

If yes, what is due date?

Do the children have any special medical needs? Yes No

If yes, please explain:

Children’s Doctor:

Address: City: State: Zip:

Do the children require any special educational needs? Yes No

If yes, provide details:

Please provide day care address and how often the children are kept in day care, if applicable.

Please provide the name and address of any third party who routinely keeps or cares for the children.

Dentist Name:

Address: City: State: Zip:

Has there ever been any claim, allegation, investigation or litigation regarding child neglect or abuse? Yes No

If yes, please explain:

Part 6. - Prior Marriages

Your Prior Marriages

Children from prior marriages?

Do you pay support? Yes No If yes, what amount and how paid?

Do you pay alimony? Yes No If yes, what amount and how paid?

Your Spouse Prior Marriages

Children from prior marriages?

Does spouse pay support? Yes No If yes, what amount and how paid?

Does spouse pay alimony? Yes No If yes, what amount and how paid?

Part 7. Income

Income of Husband (Monthly / Yearly)

Salary:

Dividends:

Rental Income:

Notes Receivable:

Bonuses:

Business:

Commissions:

Other:

Total Income:

Deductions from Income

Gross Pay:

Less Social Security:

Less Federal Withholdings:

Less State Withholdings:

Other Deductions:

Net Pay:

Income of Wife (Monthly / Yearly)

Salary:

Dividends:

Rental Income:

Notes Receivable:

Business:

Bonuses:

Commissions:

Other:

Total Income:

Deductions from Income

Gross Pay:

Less Social Security:

Less Federal Withholdings:

Less State Withholdings:

Other Deductions:

Net Pay:

Part 8. - Monthly Expenses

Monthly Expenses (Average)

Total Monthly Expenses: $

Part 9. - Joint Assets

Part 10. - Retirement Accounts

Part 11. - Separate Assets of Husband

Part 12. - Separate Assets of Wife

Part 13. - Liabilities of Both Husband and Wife

Part 14 - Inheritance

Describe property inherited by husband (please provide dates):

Describe property inherited by wife (please provide dates):

Part 15 - Documents that may be needed, especially if the divorce is contested.

Federal, State, and Local Tax Returns; Payroll and W2 Forms; Deeds; Business Tax Returns; Mortgages; Leases; Bank Account Records; Stock Certificates; CD’s; Auto Titles; Insurance Policies; Appraisals; Birth Certificates; INS Documents; Social Security Card; Marriage License; Prior Divorce Documents; Any and all documents relating to income, expenses and assets; Premarital Agreement, if any.

Part 16 - Settlement Worksheet

Who will receive title to the marital home? H W

Who will pay monthly payment on marital home? H W

Who will pay the utilities for the marital home? H W

What marital assets will husband receive?

What marital assets will wife receive?

What marital debts will wife pay?

What marital debts will husband pay?

What separate property of husband will wife receive?

What separate property of wife will husband receive?

What separate debts will be paid by husband?

What separate debts will be paid by wife?

Custody of children:

Custody to wife with visitation to husband

Custody to husband with visitation to wife

Custody to wife with visitation to Husband

Joint Physical and Legal Custody

Joint Legal Custody

Visitation times for non-custodial parent:

Parents will share in the decisions regarding the health of the children? Equally

Parents will share in the decisions relating to education of the children?

Parents will share in the decisions relating to the religion of the children? Equally

Will non-custodial parent be notified before decisions regarding health and education? Yes No

Will non-custodial parent be entitled to access to medical, dental and educational records of the children? Yes No

Will Grandparents have specified visitation rights? Yes No

If yes, please provide names and details of visitation desired:

Will the last name of the Children remain the same? Yes No If no, please explain:

Child Support

Child support will be paid by H W

Amount of child support:

When paid: One Month Every two weeks

Health Insurance

Who will pay health insurance for child? H W

Alimony

Will Alimony be paid? Yes No

If yes, who will pay? H W

How often will alimony be paid?

When will alimony stop, if certain period of time?

Other Settlement Provisions:

Part 17. Typical No Fault Procedures

1. A Complaint, Petition or Joint Complaint is filed in the County of your residence.

2. At the time of filing the complaint a filing fee is paid.

3. If you are using a Complaint instead of a joint complaint, the defendant will be served with a summons or will execute a waiver of summons and entry of appearance.

4. If a summons is required, the Defendant may file an answer admitting that a divorce should be granted based upon an agreement of the parties.

5. After the complaint and the waiver or answer are filed, determine how to present a judgment of divorce to the court.

6. After the waiting period has expired, ask the clerk or court administrator for the proper procedure to present the judgment to the judge.

7. Present the Separation Agreement and Judgment to the Judge.

Part 18 - Witness Testimony

Summary: Some states require actual testimony, even in a no fault divorce.

Part 19. Sample Presentation of Divorce Complaint to Judge – Ex parte, in open Court where no witnesses are required, or before Presenting Witnesses

Part 20 – Complete if Child Custody will be contested

Part 21. – Child support

Part 22. - Visitation