What is a Divorce Application Form?
To legally end your marriage, you and your spouse will need a divorce application form. This application form asks for some basic information such as names, birth dates, and marriage dates, and asks why you want a divorce. The divorce application form includes the division of property and child custody along with handling alimony and debts. The court will use the information you gave in your divorce application to establish your eligibility for a divorce.
The divorce application form is filed in the county court where the applicants reside. There are also fees that have to be paid when the application for divorce is filed. Call the court and enquire about the filing fees. Your state's court website can provide you with the divorce application form.
Elements to be Provided on a Divorce Application Form
The following information is needed to complete the divorce application form.
- Details of the applicant/applicants.
- Details of the marriage (from marriage certificate)
- The marriage break-down and reconciliation (if any)
- Details of any ongoing or completed court cases against the applicant/applicants
- Details about under 18 children and their arrangements
- Signature (signatures) of the applicant (applicants)
- Name and signature of the witness
Guidelines for Completing a Divorce Application Form
Please follow these instructions to complete the divorce application form.
Step 1: Specify the court in which you want to file the application by putting “X” in the relevant box. Also indicate if the application is filed by “husband alone”, “wife alone”, or “both parties jointly”.
Step 2: Fill in the details about the husband or wife if the application is filed alone. You need to fill both of the columns if the application is filed jointly.
Step 3: Note down the details of marriage in “Part B”. The date, location, and country name are needed along with the Husband and Wife’s names as they appear on the marriage certificate.
Step 4: Provide the details of your separation from the spouse in “Part C” of the application form. The time of separation must be more than 12 months before filing this application. You also need to provide the court with the details about what happened and what was told that time to consider the marriage over. If you have attempted to live together, mention it in the application form as well.
Step 5: Provide the details about proceedings of an order of nullity in “Part D” if any. You will need to write down the details of any ongoing court cases against you. You may leave this part blank if you don’t have any involvement in court cases or proceedings.
Step 6: List all the children under 18 from your current marriage in “Part E”. Their names, gender, DOB, and relationship to the parties are required. Please also provide the details of their arrangement regarding their schooling, home, health, and finances. You may also propose any change in the arrangement of your children. If you do not have any children, please leave this part and proceed to the next one.
Step 7: You need to complete the affidavit if and only if a witness to your separation of at least 12 months is available. Complete the affidavit as a husband or wife if you are applying alone. Complete both the columns if you and your spouse are filing jointly. Signature, names, place, and date are required along with the signature and name of the witness. The witness is also required to be “justice of the peace”, “notary”, or “lawyer”.
Step 8: Indicate if the application is prepared by the applicant himself/herself or by the lawyer of the applicant. Put “X” in the relevant box. Also, put the lawyer’s first name.
Role of Divorce Application Form
In addition to legal separation, the divorce application form plays a role in the following decisions.
- Child custody/support: If both partners are making a decision about parental responsibilities such as child support, child care, child custody, and so on, they need to put this information into their divorce application form.
- Property rights: If any of the partners or both want a fair split of the shared properties, the divorce application proposes the rights.
- Financial assets division: the divorce application form helps in deciding the financial situation and determines which financial assets each partner would get following the divorce.
- Debts Division: If both partners are identifying and allocating joint debts, as well as determining and dividing individual obligations for such debts, a divorce application form suggests the fair debts division.
External Resources for Downloading a Divorce Application Form
The following links contain a copy of different Divorce Application Forms.
- https://judiciary.gov.fj/wp-content/uploads/2020/04/Form-1-Application-for-Dissolution-of-Marriage-Divorce.pdf
- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952037/d8-eng.pdf
- https://www.courts.wa.gov/forms/documents/FL%20Divorce%20201%20Petition_2020%2006.pdf
