Divorce Information and Worksheet

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.

4. Defendant / Respondent: The person 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: Filed when the defendant agrees to the divorce or does not desire to file an answer.

10. Entry of Appearance: Often filed with the waiver of process.

11. Court Clerk: The clerk who handles court papers, hearings and other matters.

12. Waiting Period: Some states require a waiting period before the matter may be heard or a final judgment entered.

13. Final Judgment: The form which concludes the divorce.

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: The parent that will have physical custody of the children.

20. Legal Custody: Both parents may share decision-making authority.

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.

24. Child Support Factors: Factors used to determine support amount.

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 issues.

28. Residency Requirement: Length of time one or both parties reside in the state before filing.

29. No-Fault: Uncontested agreed divorce.

30. Contested: Divorce where one party does not consent.

31. Jurisdiction: Basis for the court to hear a case.

32. Venue: Proper county in which to file the divorce.

33. Cooling Off Period: Required time interval between filing and entry of divorce.

34. Financial Statement: Statement of assets, liabilities, and net worth.

35. Filing Fee: Fee paid at the time of filing.

36. Child Support Worksheet: Worksheet used to evaluate child support.

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 complaint is 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 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.

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.

Your Name: U.S. Citizen: Yes No

Address: Date of Birth:

Social Security Number:

City: State: Zip:

Where do you presently live, if different than address above?

How long have you lived at your present address?

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

Birth State and County:

Have you ever lived in a community property state? Yes No

If yes, what state?

Do you have a known future residence address? Yes No

If yes, list address:

Education level:

Describe your physical condition and any health problems you may have:

Describe any emotional problems you may have:

Employment

Where are you 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:

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:

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?

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 -

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:

Your Prior Marriages

Name: Date of Marriage: Date of Divorce: County/State of Divorce:

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

Name: Date of Marriage: Date of Divorce: County/State of Divorce:

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?

Income of Husband

Salary Monthly Yearly

Dividends Monthly Yearly

Rental Income Monthly Yearly

Notes Receivable Monthly Yearly

Bonuses Monthly Yearly

Business Monthly Yearly

Commissions Monthly Yearly

Other Monthly Yearly

Total Income:

Deductions from Income

Gross Pay:

Less Social Security:

Less Federal Withholdings:

Less State Withholdings:

Other Deductions:

Net Pay:

Income of Wife

Salary Monthly Yearly

Dividends Monthly Yearly

Rental Income Monthly Yearly

Notes Receivable Monthly Yearly

Business Monthly Yearly

Bonuses Monthly Yearly

Commissions Monthly Yearly

Other Monthly Yearly

Total Income:

Deductions from Income

Gross Pay:

Less Social Security:

Less Federal Withholdings:

Less State Withholdings:

Other Deductions:

Net Pay:

House Payment to Amount

Rental Payment to Amount

Car Loan to Amount

Car Loan to Amount

Electricity

Gas (Home)

Phone

Water/Garbage/Sewer

Groceries/Housewares

Cable TV

Internet

Laundry

Meals (other than house)

Clothing

Donations

Pest Control

Day Care

Gas/Oil/Auto Care

Entertainment

Property Taxes

Property Insurance

Health Insurance

Disability Insurance

Vacation

Education

Medical/Dental/Prescriptions

Student Loans

Other: Amount

Total Monthly Expenses:

Describe each item as clearly as possible. These are considered marital assets and owned by both Husband and wife.

Cash (on hand):

Cash (in banks/credit unions):

Stocks/Bonds:

Notes (money owed to you in writing):

Money owed to you (not evidenced by a note):

Real estate (Home):

Real estate (Other):

Business Interests:

Automobiles:

Boats:

Other vehicles:

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.):

Furniture & furnishings in home:

Furniture & furnishings elsewhere:

Collectibles:

Jewelry:

Life insurance (cash surrender value):

Sporting and entertainment equipment:

CD's:

Other assets:

Total Assets of Husband and Wife (Marital Assets):

Husband Accounts

Account Number: Current Fair Market Value:

Wife Accounts

Account Number: Current Fair Market Value:

Describe each item as clearly as possible.

Cash (on hand):

Cash (in banks/credit unions):

Stocks/Bonds:

Notes (money owed to you in writing):

Money owed to you (not evidenced by a note):

Real estate (Home):

Date Acquired: Purchase Price:

Real estate (Other):

Business interests:

Automobiles:

Boats:

Other vehicles:

Retirement plans:

Furniture & furnishings in home:

Furniture & furnishings elsewhere:

Collectibles:

Jewelry:

Life insurance (cash surrender value):

Sporting and entertainment equipment:

CD's:

Other assets:

Total Assets of Husband:

Describe each item as clearly as possible.

Cash (on hand):

Cash (in banks/credit unions):

Stocks/Bonds:

Notes (money owed to you in writing):

Money owed to you (not evidenced by a note):

Real estate (Home):

(Other):

Business interests:

Automobiles:

Boats:

Other vehicles:

Retirement plans:

Furniture & furnishings in home:

Furniture & furnishings elsewhere:

Collectibles:

Jewelry:

Life insurance (cash surrender value):

Sporting and entertainment equipment:

CD's:

Other assets:

Total Assets to Wife:

Describe each debt clearly and indicate whether it is Husband's, Wife's or Both.

Mortgages on real estate (Home): Monthly Payment: Current Amount Owed:

Mortgages on real estate (Other): Monthly Payment: Current Amount Owed:

Charge/credit card accounts: Monthly Payment: Current Amount Owed:

Auto loan 1: Monthly Payment: Current Amount Owed:

Auto loan 2: Monthly Payment: Current Amount Owed:

Bank/credit union loans: Monthly Payment: Current Amount Owed:

Money you owe (not evidenced by a note): Monthly Payment: Current Amount Owed:

Judgments: Monthly Payment: Current Amount Owed:

Other: Monthly Payment: Current Amount Owed:

Total Debts and Liabilities of Husband and Wife:

Property Acquired by Inheritance

Describe property inherited by husband (please provide dates):

Describe property inherited by wife (please provide dates):

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, as well as any other written agreements between Husband and Wife

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 Joint Physical and Legal Custody

Custody to husband with visitation to wife Joint Legal Custody

Custody to wife with visitation to Husband

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:

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.

Sample questions and answers for an uncontested divorce witness.

1. Please state your name.

2. Where do you live (address)?

3. How long have you lived there?

4. Do you know the parties?

5. How long have you known them?

6. Do you know where they live?

7. What county and State do they live in?

8. How long have they lived there?

9. Have you been in their house before?

10. How many times?

11. To your knowledge, are Husband and Wife now separated?

12. Do you know when they separated?

13. Do you understand that the parties are asking the court for a divorce on the grounds of ?

14. Can you tell the court what you know about the parties and the ground they seek to use to obtain a divorce?

15. Do you believe the parties are entitled to a divorce on the ground of ?

Sample Presentation of Divorce – No fault No Children

1. Court Clerk, Administrator or Judge calls case and asks if parties are ready.

2. Your Honor, My name is and I am the in this case.

3. Judge advises you to proceed.

4. I am requesting a divorce from on the grounds of .

5. I have filed a Complaint/petition on with the court clerk.

6. After filing the Complaint, was served with summons or entered a waiver of process and entered an appearance.

7. and I have lived in County for prior to filing for divorce.

8. There were no children born to the marriage, none adopted and .

9. and I have agreed on all terms of the divorce.

10. We have executed and filed a Property Settlement Agreement containing all terms of our agreement to settle the divorce.

11. The agreement basically provides that:

Child Custody and Visitation

Child Support

Alimony

Property Division

Debt Division

12. I am presenting to the Court today a Final Judgment of Divorce which incorporates the terms of our agreement and asking the court to enter same if it is in acceptable form and content.

Factors to consider in contested custody cases:

1. Age of the Children.

2. Sex of the Children.

3. Education level of the children.

4. Recommendations from others to the court.

5. History of child violence.

6. Mental and Physical condition of the parents.

7. Mental and Physical condition of the children.

8. Preference of child of later years.

9. Stability of home environment offered by each parent.

10. Ability each parent displays to cooperate with the other parent regarding the children.

11. Possibility of children being removed from the home and residence and effect, if any, on the children.

12. Material needs of the Children.

13. Emotional connection between children and each parent.

14. Capability and desire of parent to meet the emotional and other needs of the children.

15. Various other factors.

16. Children's relationship to each other.

Child Custody

Who helps children with homework?

Who takes children to school?

Who takes children shopping?

Who disciplines the children?

Who do the children go to for advice?

Who prepares meals for the children?

Who reads to the children?

Who encourages religious training?

Factors the court may consider in deviating from child support guidelines:

1. The financial means, circumstances and standard of living of both parents.

2. The financial means and circumstances of the child.

3. The standard of living the child would have enjoyed had the marriage continued.

4. The age, health, emotional and physical condition of each parent.

5. The age, health, emotional and physical condition of the child.

6. The material and educational needs of the child.

7. Custody arrangements for the child, including day care costs.

The above listed factors are just some of the issues that may be considered by the court and are in no way exclusive.

In most states, an award of child support terminates upon the child reaching the age of majority, although many states include provisions which permit the award to continue should the child remain in school.

Guiding principles for visitation arrangements:

1. Visitation should be pleasant for the children and for the parent.

2. Visitation should provide meaningful personal contact for both the visiting parent and the children.

3. Visitation should not be used to check on the other parent.

4. Both parents should strive to agree on matters pertaining to the children.

Additional issues to resolve in the initial agreement:

1. Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation.

2. Appropriate Conduct By Parents.

3. Parental Communication.

4. Grade Reports and Medical Information.

5. Visitation Clothing.

6. Visitation or Support Disputes.

7. Adjustments to This Visitation Schedule.

8. Pickup and Drop-off.

9. Extracurricular Activities.

10. Notice of Canceled Visitation.

11. Missed Visitation.

12. Caretaker Provision.

13. Telephone and Mail Privileges.

14. Medical Reports and Bills.

15. Abatement of Support During Extended Visitation.

16. Modification.

17. Removal of child.

Sample visitation schedule

Birth to 1 Year of Age

i) Non-custodial parent shall have four (4) visits with the child per week, with such contact lasting four (4) hours in length.

ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime.

iii) Holiday Access

1 Year of Age to 5 Years of Age

i) Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

ii) One (1) week night each and every week from 5:30 p.m. until 7:30 p.m.

5 Years of Age and Beyond

i) Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and Wednesday preceding the weekend access from 5:30 p.m. to 7:30 p.m.

ii) Summer visitation and holiday access as described in the document.