FREE DIVORCE FORMS
Free divorce forms are a good place to start for people considering filing for divorce. Reading through them gives you a good idea of what you will be expected to decide.
When filing for divorce, you and your spouse may negotiate a settlement between yourselves or a judge may determine the conclusion for you.
In most states there are now formal guidelines that the court must follow in awarding child support. But in most states, and on most issues, judges can make rulings at their own discretion after hearing evidence.
When you negotiate your agreement, you negotiate a contract voluntarily. You sign it voluntarily. You cannot decide that neither of you will support your children or subject your children to danger or neglect. But, within very broad limits you are free to decide together how you will resolve the issues at hand.
Settlement arrangements are negotiated in the shadow of the law. This means that you negotiate with an eye on what you think would happen if you were to go to trial and let the judge decide.
Experienced lawyers often think they can predict what would happen at trial. Divorce lawyers tend to develop a consensus or sense of industry standards about the results of trials. They may agree that the judges "always give the wife half the house" or "a certain formula is generally used to compute support."
Lawyers who have appeared many times before the same judge may acquire useful generalizations.
Although judges may develop certain predictable consistencies, you can't depend on it. You may get a particular judge, or you may get that judge on a bad day, or your lawyer may be wrong.
Although most lawyers will predict the outcome in court, few will guarantee you the conclusion. You need to treat such predictions with healthy skepticism.
To best utilize these free divorce forms, simply download them to your computer. You'll then be able to open either the pdf files or word documents as you wish.
A Divorce Decree Must Deal With 5 Basic Issues
When a marriage dissolves, the state has several concerns that must be satisfied before a divorced is approved. The state wants to know how the children will be supported, who will support them, and who is in charge of them. The state is the parent of last resort.
The issue of alimony, sometimes referred to spousal support or maintenance; originates from a similar concern. The state does not want to support a divorced spouse. Today, at least in theory, alimony is gender neutral, and, if circumstances warrant, the wife can be obliged to pay alimony to the husband.
The last issue of concern to the state is clarity in title to property. Historically, the interest of the state has been to make sure that property could be freely transferred with a clear title.
When a marriage dissolves, the state needs to know who owned what property and needs to extinguish any claims each spouse had to the other's property. Therefore, the state asserts that upon divorce, property be clearly divided into two separate baskets: the husband's and the wife's.
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