The family court is usually a separate division from civil court. In family court different paperwork and forms are typically used along with some of the more common general civil litigation forms.
Many jurisdictions do offer self-help court forms that you can fill out and file, and that can be useful if you have an uncontested divorce with no children and no issues between the parties. If you have minor children and/or cannot agree on how to divide the marital estate, you should certainly at least consult with a local attorney who has practice experience in family law.
Key Takeaways
- Family court uses specialized forms and processes distinct from civil court, with self-help forms available for simple, uncontested cases.
- If minor children or contested issues are involved, consulting a family law attorney is crucial for proper handling and protection of your rights.
- Failing to respond to a divorce petition can lead to a default judgment, and emergency orders may be needed to address urgent issues during proceedings.
Family Law Forms
Initial Family Court Forms
A divorce starts with a petition. The parties are typically referred to as petitioners and respondents in a family law case. The petitioner files and serves a petition for divorce, and the respondent files a response.
If there are minor children, there is usually a confidential petition addendum that provides the vital information for the children (full names, birthday, social security number) that remains sealed but identifies the children of the marriage to the court and the state child support agency.
Sometimes, if one party does not want the divorce, they attempt to avoid being served the paperwork for the family law court. Trying to evade service will not prevent a divorce. Ultimately, if you cannot be personally served or do not accept service, the filing party can serve the other party via publication and may end up getting a default divorce against you, where you will not be given a say in the division of property or placement of any children. Do not attempt to evade service, and it will not stop the divorce.
After the petition and response are filed, the parties usually request temporary orders. One or both of the parties will file the request for temporary orders and a supporting affidavit. Temporary orders are orders that dictate things like who lives in the house, who pays what bills and physical placement of any minor children.
Emergency Orders
Unfortunately, sometimes things really go south in a divorce proceeding, and one party has to file a request to the court asking for emergency orders. Typically, emergency orders involve the children of the marriage but can also relate to one party dissipating the marital estate prior to the division of debts and assets. An example of this would be one party disobeying a preliminary injunction and attempting to sell real estate that is marital in an attempt to stop the other party from getting a share of that marital asset.
Findings of Fact and Conclusions of Law
During the hearing where the divorce is granted, the court will make “findings of fact and conclusions of law.” The findings of fact are usually required by statute and lay out the vital data of the marriage and that it is being dissolved. There are a few documents that can either be incorporated or referenced by the findings of fact. A marital settlement agreement can be included, where the parties have agreed upon and memorialized the division of the marital estate. A parenting plan can also be attached, which lays out legal and physical custody and a visitation schedule. A lot of the time, if the parties have come to their own agreements, the court will incorporate it, and it becomes a part of the divorce settlement.
Decree of Divorce
Some jurisdictions will simply incorporate the decree of divorce into the findings of fact and conclusions of law but there may be a separate document, in the same format as an order that the judge will sign upon granting the divorce.
Order to Show Cause
Unfortunately, if someone is not adhering to the divorce decree or marital settlement agreement, the wronged party will be forced to file a form called an order to show cause. The full title could be considered “order to appear and show cause as to why they should not be held in contempt.” The order to show cause is used to inform the court that one party is not following the court order, and if they do not start adhering to that order, ask the court to find them in contempt and sanction them accordingly.
Your state court website may have family law forms online or hardcopy versions available at the courthouse. If your case is complicated, there are several assets and debts, or if one party is resisting the divorce, you would be best served by hiring an experienced attorney to help you.
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