What's The Best Way To Get Divorce Papers?

Updated October 4, 2024by Regain Editorial Team

Is divorce inevitable?

The divorce process is not one anyone looks forward to. It can be messy, costly, and stressful for everyone involved. However, it can sometimes be necessary. Marriage doesn't always work out, and two people may be better off divorcing. If you're about to take that route, you may have numerous questions such as how to get divorce papers in the first place, for example. 

What are divorce papers?

You may have heard the term "divorce papers," or “divorce forms,” but you might not know exactly what they are. Simply put, this phrase refers to the court petition you use to legally divorce your spouse. These papers include all the information about the marriage, reasons for divorce, and possibly, property distribution or child custody.

Getting papers online

Some might wonder, "Can I get an online divorce?" Indeed, you can. For better or worse, the Internet has made it easier than ever to file for a divorce. You can go to your state’s website and search for the necessary paperwork.  Perhaps best of all, you can usually get it for free. Online divorce papers or court forms are common and reachable.

Still, the rules for online divorce papers or court forms may vary depending on your state or even your county. You may need certain forms, for instance, or there may be specific steps you need to take before your divorce can be finalized.  If your children are minors, there may be more steps involved in your divorce.

You may also need to have an “uncontested divorce” if you want to file online. That's when you and your spouse agree with most, if not all, of the details of the divorce, including the division of assets. If there are some issues you haven't agreed on, the two of you may need to reach a compromise before the settlement. 

What are the most common reasons for divorce?

Common divorce issues include:

  • Children: This can include child custody, visitation, and child support.  
  • Alimony: This is sometimes called spousal support. 
  • Division Of Assets: You must come to a fair agreement about how to divide finances and property. 

If you can't agree on everything, despite your efforts to compromise, then you may need to hire a divorce attorney. This may also be recommended if your divorce is a high-stakes one, or if there is a dispute over child custody or child support.  Some high stakes divorces may even be elevated to the supreme court.  

Consider looking into whether your state is a no-fault divorce state, which means that you can file for divorce without any proof of wrongdoing. If you do not live in a no-fault divorce state, then you might want to start documenting evidence to prove any wrongdoing on the part of your spouse. For example, if the divorce is the result of an affair, you may want to begin gathering evidence of that affair to present in front of a judge.

Non-government resources

You may wonder where to turn if you can’t find the proper divorce papers on your state’s website. Some turn to online companies that claim to have free divorce papers. If you plan to go this route, you may want to proceed with caution. Many so-called free divorce websites aren’t actually free, and some have outdated forms.  

You may want to do your due diligence and search for reviews and ratings of the online divorce websites you’re considering. It may also be helpful to keep in mind that a legitimate divorce website will encourage you to speak to an attorney to make sure you're filing the papers correctly. A good divorce website may also have people review your forms before you submit, so you can avoid having to re-file due to a mistake. In the end, however, it could be up to you or your lawyer to file the paperwork with the courts. 

By consulting reliable websites such as a government site or a highly rated third-party company, getting hold of online divorce papers can be easier than ever. You might still be wondering about the process of getting papers offline, though.

Getting divorce papers offline

If you can't find the proper divorce papers online or just want to go the traditional route, you can get the paperwork in person. For instance, you can go to the county clerk's office, which may have papers you can retrieve. If they don't, there is a chance that they can mail the forms to you. The forms might be easier to fill out by hand, and you’ll also have the added benefit of knowing that your source is legitimate. That is, there’s no need to worry about “free online divorce papers” scams online. 

Examples of forms

When you get a divorce, you may need certain types of forms, which can include:

  • Petition: This is the main document that asks the court to grant you a divorce.
  • Summons: This is how your spouse is contacted when you file for a divorce. An officer should contact your spouse, and they can respond to you or your lawyer.
  • Financial Affidavit: The financial affidavit is a comprehensive document detailing your marital finances. 
  • Notice Of Hearing: The notice of hearing is a document detailing the date, time, and location of your divorce hearing.
  • Settlement Agreement: This document details the specific aspects of the final divorce agreement, including the division of assets and any custody arrangements, and spousal support.  
  • Divorce Decree: The divorce decree is signed by the judge. Once it's signed, the divorce is official.

There are certain forms that may require approval from a judge. For example, your divorce property deed probate will determine who will receive any properties or houses split during the divorce, but it is not official until it is approved and recognized by the court.

Make copies of your documents

Once you've filled out all your divorce papers, make sure you make a copy of them. You can copy them physically, or just upload them online. If the papers somehow get lost, you'll have them ready, so you can re-file if necessary. This is a rare occurrence, but it does happen.

Filing your papers

Is divorce inevitable?

Once you've filled out your petition, you can file it and begin the process. You may have to file a certain number of copies, so make sure you've made enough. You may also need the original documents. Talk to the clerk's office and see how many copies you may need and what the exact process is.

You may also want to check with the clerk's office for any other questions or concerns. For example, you might need to be a resident of the county or state for a certain amount of time prior to filing for divorce.  

Filing fees

No one likes to pay fees, but they may be an inevitable part of the divorce process. These fees may vary by state and county. The amount may be published online, or you may have to contact the clerk’s office for a total. If you can’t afford the divorce filing fee, you may be eligible for assistance. In some cases, the fee could be waived altogether, but this depends on your circumstances and income. 

Seek help

Divorce may be a messy process, and many times, it can be prevented. While some couples are never meant to be, some of the main reasons for a divorce could be due to miscommunication. For example, you may not communicate well about finances.  One spouse may struggle to express their emotions. These are seemingly small issues that can escalate quickly.  There are some ways you can prevent divorce, even if your relationship is rocky. Communicating more, bringing up a concern before it becomes overwhelming, and talking to a therapist are just a few options.

Marriage counseling can be intimidating, though, especially when it’s conducted in a clinical setting like a therapist’s office. You might feel uncomfortable talking about such sensitive topics while sitting across the room from a stranger. Online counseling could be what’s needed to put you at ease. Many couples feel more comfortable discussing their marital issues in an online environment. Online counseling can also save you both time since there’s no need for a commute or a waiting period. 

Online counseling has been proven effective for couples, in marriage, domestic partnership, or other
relationships. A recent study showed that couples undergoing internet-based marriage counseling experienced positive benefits such as mental health gains and better relationship functioning. 

Takeaway

If the reason for your divorce is something that can be fixed, there may still be time. Sometimes, the two of you can work things out if you communicate better, and a counselor can help you do that. Should you decide a divorce is inevitable, a counselor can also help you process this transition. Contact a licensed Regain therapist to get the individualized care and support you need.

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