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

4. Defendant or 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 — This is 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, 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.

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?

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

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

Name Date of Birth

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)

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

Part 8. - Monthly Expenses

Monthly Expenses (Average)

House Payment to Who Pays Total

Rental Payment to Who Pays Total

Car Loan to Who Pays Total

Car Loan to Who Pays Total

Electricity Total

Gas (Home) Total

Phone Total

Water/Garbage/Sewer Total

Groceries/Housewares Total

Cable TV Total

Internet Total

Laundry Total

Meals (other than house) Total

Clothing Total

Donations Total

Pest Control Total

Day Care Total

Gas/Oil/Auto Care Total

Entertainment Total

Property Taxes Total

Property Insurance Total

Health Insurance Total

Disability Insurance Total

Vacation Total

Education Total

Medical/Dental/Prescriptions Total

Student Loans Total

Other: Who Pays Total

Part 9. - Joint Assets

JOINT ASSETS: DESCRIPTION OF JOINT ASSETS

Current Fair Market Value / Description

Part 10. - Retirement Accounts

Retirement Accounts Account Number Current Fair Market Value

Husband Accounts:

Wife Accounts:

Part 11. - Separate Assets of Husband

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF HUSBAND

Part 12. - Separate Assets of Wife

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF WIFE

Part 13. - Liabilities of Both Husband and Wife

LIABILITIES AND DEBTS

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, especially if the divorce is contested.

Documents (May be needed)

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

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

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.

Part 18 - Witness Testimony

Witness Testimony – Sample Questions and Answers

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

Sample Presentation of Divorce – No fault No Children

Part 20 – Complete if Child Custody will be contested

Summary of custody factors and questions:

Part 21. – Child support

Summary of child support considerations:

Part 22. - Visitation

Summary of visitation considerations: