LAWID USE OF PREPRINTED FORMS IN THE UNCONTESTED DIVORCE SETTING
By: James Kahn | Posted: 01st April 2010
We are all aware that DIY is a popular way to get the job done while saving money. Legal matters are not exempt from this trend, and even the stressful undertaking of changing marital status through divorce or separation is now a feature in the DIY market. It is possible to use preprinted legal forms to end a marriage and return to single status.
Forms exist to enable married persons to seek a divorce uncontested divorce without the services of an attorney. If your legal needs are pointing in this direction, however, care must be taken to first ascertain whether that your state’s laws authorize a divorce procedure such as this. Most states do; it is frequently known and listed as an uncontested, or no-fault divorce. That sort of divorce often provides for divorce grounds phrased in terms of “irreconcilable differences” or words to that effect which permit the divorce without having to establish that one of the parties is at fault for anything. In this type of divorce, the parties are agreeing to disagree.
In order to complete a valid and effective uncontested divorce that a judge will grant, the parties must first file a divorce complaint with the court having jurisdiction over divorce proceedings in your state. Individual state legislatures formulate the grounds on which divorces are granted for each separate state. In addition, the states individually establish jurisdictional requirements for the states. As family law is left to the individual states to administer, the various states have and enforce different laws. It is essential to comply precisely with your state’s laws in order to obtain a valid, enforceable divorce.
In addition, if the marital dissolution agreement purports to convey real property belonging to the parties, the divorcing couple must be sure to comply with any additional requirements which might require the recording of the agreement in the land records of the particular county where the land is located.
Meticulous attention to detail is required to ensure compliance with all of the precise requirements of state law when complying with requirements of a divorce filing, In the event of a situation involving child custody, legal counsel should be used to be sure that all state laws regarding children are complied with; this complicated type of case is not proper for a DYI divorce.
Use of preprinted forms to chart the course parties want to follow in a divorce case is encouraged even if a licensed attorney is used. Having access to the forms, wording and the many possible available outcomes is an invaluable aid in going through an informed process.
As the complexities of society increase, the divorce process is almost becoming too complex for an individual to go through the legal system alone without the aid of counsel to meet the demands of the legal labyrinth that must be navigated. Especially within the specialty of family law, the stakes of doing a divorce improperly are too great to risk making a mistake.
James is an expert in writing about legal forms and documents that may help you when your in the search of the right legal document. He writes many articles about forms ranging from, power of attorney forms, landlord tenant forms, and almost any legal form that your searching for.This article is free for republishing
Printed From: http://www.goinglegal.com/lawid--use-of-preprinted-forms-in-the-uncontested-divorce-setting-1483973.html
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Tags: jurisdiction, attention to detail, saving money, marital status, undertaking, divorce proceedings, divorces, irreconcilable differences, legal matters, uncontested divorce, divorce procedure, fault divorce