Thursday, September 10, 2009

What are the names of some of the pleadings in a divorce?

1.  PETITION --is filed to start the clock ticking.  It can be a very short document (2 pages) that do not include any identifying information (such as social security numbers, date of birth or TX driver's license number).

2.  A WAIVER OF SERVICE - everyone has the right to know that they are being sued.  In order for this to be done, a person approved by the court to "serve" papers on the opposing party must hand the papers to the person then file a notarized affidavit with the court.'

In lieu of service, the party can file a WAIVER OF SERVICE that basically states they know of the pending lawsuit (aka divorce) and they don't want to be served with legal papers.

3.  FINAL DECREE OF DIVORCE - At the end of the case, a legal document is prepared for the judge to sign.  It states how things will be divided by the parties.

4.  In Texas a form known as a BVS FORM needs to be completed and submitted at the same time the FINAL DECREE is submitted to the Court.
The court sends it to Austin, Texas.  Before Texas started doing this, it was difficult to determine if people were divorced.  They would need to search county by county.  Now they just have to file some paperwork and pay a small fee to see if they are divorced.

No comments: