What Forms Do I File for Divorce?

What Forms Do I File for Divorce?

For a no-fault divorce where both people agree in all decisions (1A)

For a no-fault divorce where you don’t agree about everything or where only one of you is filing (1B)

For a fault divorce (“section 1”)

  1. Joint petition for divorce under section 1A signed by both parties or their attorneys. Form CJD 101A   .
  2. Joint affidavit of irretrievable breakdown signed by the parties. Form Affidavit of Irretrievable Breakdown  
  3. Certified copy of the civil marriage certificate. This is available from the Registry of Vital Records or from the city or town hall where you applied for a marriage license
  4. Notarized separation agreement signed by both parties. This is something you write yourselves. A separation agreement is a written contract inbetween you and your spouse. It spells out how you are going to divide your property, child custody, child support, spousal support, visitation and any other issues relevant to your divorce. There are different ways to reach an agreement. You can negotiate on your own or hire attorneys to help you. You may also determine to use a divorce mediator to help lodge the issues. A separation agreement can be a trussing contract inbetween you and your spouse (this is called a separation agreement that “survives” the divorce). Sometimes it is not a separate contract, but until the judge approves it, it becomes part of the divorce judgment (this is called a separation agreement that has “merged” with the divorce judgment.”) These are technical terms, but it is significant that you make the choice that is right for you. It will be helpful to speak to an attorney about the choices you make. If you are incapable to consult and attorney the law libraries and public libraries have books with examples of separation agreements.
  5. Certificate of Absolute Divorce for the Registry of Vital Records. Form R-408   file size 6MB
  6. Financial Statements and applicable schedules: See Financial Statements for more information.
  • Affidavit of Care and Custody. Form OCAJ-1  
  • Child support guidelines worksheet. Form CJD304   .
  • Parent Education Certificate. If you have children under Eighteen, both of you are required to attend a parent education program unless it is waived by the court. You will receive this certificate after attending a Parent Education Program .
  • Affidavit of indigency   file size 1MB if you cannot afford the fees. See Paying Your Fees for more information.
  • Child Support Guidelines Deviation. Form CJD 305   file size 1MB if you don’t think the child support guidelines should apply to your case.
  • Movement to Waive Attendance at Parent Education Program. Form CJD 444   if you cannot attend a parent education program.
  • Motility for Improvised Orders   (i.e. child custody, child support, spousal support, etc.) if you need a court order until the time of your divorce hearing. Pack in what you want the court to order. With this, you also need an Affidavit. where you explain to the judge what happened and when, and A Proposed Order form. Write on this form exactly what you want the court to order.
  • Complaint for divorce under section 1B signed by one party. Form CJD101B  
  • Financial Statements and applicable schedules. See Financial Statements for more information.
  • Child support guidelines worksheet. Form CJD304  . Form must be printed on light blue colored paper.
  • Maneuverability to Waive Attendance at Parent Education Program.   Form CJD 444    if you cannot attend a parent education program.
  • Complaint for Divorce. Form CJD101  
  • Movement to Waive Attendance at Parent Education Program.  Form CJD 444    if you cannot attend a parent education program.
  • Divorce

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