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

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 or petition.

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.

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 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 equal decision-making rights.

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 by the courts 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 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 filing and entry of divorce.

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

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

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 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 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

Personal Information

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

Part 3. - Spouse Personal Information

Personal Information – Spouse

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?

Part 4. - Marriage

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

Children

Name Date 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.

Part 6. - Prior Marriages

Your Prior Marriages

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

Children from prior marriages? Name / Date of Birth

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? Name / Date of Birth

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 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

Income of Wife (Monthly / Yearly)

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

Part 8. - Monthly Expenses

Monthly Expenses (Average)

House Payment Who Pays Total

Rental Payment Who Pays Total

Car Loan Who Pays Total

Car Loan Who Pays Total

Electricity Who Pays Total

Gas (Home) Who Pays Total

Phone Who Pays Total

Water / Garbage / Sewer Who Pays Total

Groceries / Housewares Who Pays Total

Cable TV Who Pays Total

Internet Who Pays Total

Laundry Who Pays Total

Meals (other than house) Who Pays Total

Clothing Who Pays Total

Donations Who Pays Total

Pest Control Who Pays Total

Day Care Who Pays Total

Gas / Oil / Auto Care Who Pays Total

Entertainment Who Pays Total

Property Taxes Who Pays Total

Property Insurance Who Pays Total

Health Insurance Who Pays Total

Disability Insurance Who Pays Total

Vacation Who Pays Total

Education Who Pays Total

Medical / Dental / Prescriptions Who Pays Total

Student Loans Who Pays Total

Other Who Pays Total

Part 9. - Joint Assets

Joint Assets: Description of Joint Assets

Cash (on hand) Current Fair Market Value

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 of Husband and Wife (Marital Assets)

Part 10. - Retirement Accounts

Retirement Accounts / Account Number / Current Fair Market Value

Part 11. - Separate Assets of Husband

Assets: Description of Separate Assets of Husband

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

(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

Part 12. - Separate Assets of Wife

Assets: Description of Separate Assets of 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) Date Acquired Purchase Price

(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

Other assets

Total Assets to Wife

Part 13. - Liabilities of Both Husband and Wife

Debts and liabilities of both husband and wife.

Mortgage on real estate (Home) Monthly Payment Current Amount Owed

Mortgage on real estate (Other) Monthly Payment Current Amount Owed

Charge/credit card accounts Monthly Payment Current Amount Owed

Auto loan Monthly Payment Current Amount Owed

Auto loan 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

Part 14 - Inheritance

Property Acquired by Inheritance

Describe property inherited by husband (please provide dates)

Describe property inherited by wife (please provide dates)

Part 15 - Documents that may be needed

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 Petitions; 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.

Part 16 - Settlement Worksheet

Property Settlement Agreement 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 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 Only

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 Only

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

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

No Fault Procedures

1. 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 using a Complaint, the defendant will be served with a summons or waiver.

4. If a summons is required, the Defendant may file an answer admitting divorce should be granted.

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

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

Witness Testimony – Sample Questions and Answers

1. Please state your name. Answer:

2. Where do you live (address)? Answer:

3. How long have you lived there? Answer:

4. Do you know __________ and __________?

5. How long have you known them? Answer:

Part 19. Sample Presentation of Divorce Complaint to Judge

Sample Presentation of Divorce – No fault No Children

This section is explanatory and does not require input.

Part 20 – Complete if Child Custody will be contested

Child Custody

Who helps children with homework?

Who takes children to school?

Who takes children shopping?

Who disciplines the children?

Part 21. – Child support

Child support guidelines and factors are described in the document.

Part 22. – Visitation

Visitation details and schedule preferences.

Signature Sections

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