What Happens After You Sign & Notarize Your Divorce Documents?

By Timothy Mucciante

Each state has unique laws regarding divorce and family law matters, so the actual process of preparing and filing divorce documents is determined by state civil procedure laws and local court rules. The term "divorce documents" may include the petition or complaint for divorce, motions for support and custody, stipulated property divisions, and final settlements and decrees. In general, divorce documents are commonly referred to as “pleadings” or “court filings."

Legal Terminology

In a divorce action, the party starting the divorce may be called the “plaintiff” or “petitioner.” The party against whom the divorce is filed may be called the “defendant” or “respondent.” Also, the "clerk of the court” typically is the filing clerk in the courthouse, while the “court clerk” many times refers to the clerk working in the judge’s courtroom.

Filing Divorce Documents

Once any divorce document is signed and notarized, it is typically filed with the clerk of the court for that jurisdiction. In some states, divorce actions are handled by courts of general jurisdiction, while other states have dedicated family courts to handle these matters. Each court may have a different filing procedure. Also, not every state requires divorce documents to be notarized, but all states require all court papers to be signed.

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Court Action After Filing

After divorce pleadings are filed, the clerk of the court usually sends a copy of the documents to the judge on the case. In some jurisdictions, the filing party is expected to drop off the judge’s copy in his chambers. After the judge receives the divorce pleadings, he may schedule a pretrial conference to determine how the issues raised in the pleadings should be resolved.

Court Action on Motions & Divorce Petitions

If the divorce document is a motion or petition to the court requesting it take some action related to the divorce, the judge’s clerk may schedule the matter for a motion hearing. However, if the court papers are the initiation of the divorce, many judges will summon the parties to chambers for a scheduling conference, where discovery cut-off, motion cut-off and other preliminary matters are discussed.

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Waiting Period for a Divorce in Minnesota
 

References

Related articles

Types of Pleadings in a Divorce

Like any legal matter, divorces can generate reams of paperwork. It can be a bit overwhelming, especially when terminology and requirements vary from state to state. The good news is that most states follow similar guidelines for pleadings. The bad news is that individual states sometimes call the same pleadings by different names.

How to Get a Free Copy of Divorce Records

Whenever parties are involved in a divorce action, the clerk of court will create a permanent record of every document filed by the attorneys or parties that represented themselves. Thanks to the new wave in court technology, most record searches can be conducted online. However, in some instances a request will have to be conducted in person or via mail.

What Papers Do You Need to Get a Divorce?

The exact requirements and paperwork for a divorce differ from state to state, although many of the requirements are similar. For example, every state requires some type of dissolution-of-marriage form. The exact papers you need for a divorce will also depend on whether your divorce is contested or uncontested. In a contested divorce, more paperwork will be required, as the divorce will require a trial or court hearing and all the paperwork associated with a trial, such as legal contracts.

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