What Forms Do I Need to File a Divorce?

When you have a legal issue or question that needs court intervention, the first step that you need to take is to talk to a lawyer. You cannot just go to the office of the clerk of court and file certain documents that may violate or not comply a provision in the Rules of Court. It is imperative that you set up a meeting with a professional who is learned and experienced in the field of law.

You may found a the correct order and download links to the needed forms here.

The commencement of an action is completed upon the filing of the initiatory pleading. There is a need to make specific allegations and statements in the said pleading showing a cause of action. This can only be made possible when the services of a law firm are availed of. If you are planning to file a divorce complaint against your spouse, make sure that you have contacted the right lawyer to draft your initiatory pleading. You have two options for the specific action to file – either an action for absolute divorce or an action for divorce by bed and board.

Aside from the initiatory pleading, you are also required to file other necessary documents such as a reply to an answer filed by the opposing party. As a rule, the filing of an answer is not material to the divorce case. It only becomes a requirement when the answer of the other party contains material allegations that need to be rebutted. It must be noted that the failure to file an answer may be prejudicial to your case, as it will be presumed that you admit all the material allegations contained therein.

Moreover, there will also be some forms that you need to fill out. In order to ensure that you do not miss the important steps in filing a proper divorce complaint, it is highly recommended that you hire a lawyer as soon as possible. Let the said attorney assist you in all the things that you will do during the court litigation. The same lawyer can help you in establishing and proving all your claims in the divorce case. For example, he or she can be the one responsible in presenting the object, testimonial or documentary evidence in court. At the same time, he or she can also brief you for your appearance in the witness stand in cases where you are required by the judge to provide certain testimonies with respect to the divorce.

References: Divorce Checklist

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