Important papers and divorce documents must be presented to the court in the case of a divorce based on a joint and unilateral request. The two most important are the application for divorce itself and the divorce convention. In the following article we offer you an overview of which papers and documents you need for a divorce and which evidence can support your divorce application.
Submitting a divorce petition – when and with which documents?
In principle, a divorce request can be submitted to the competent court at any time in the course of an amicable divorce. The unilateral petition for divorce, on the other hand, is subject to certain deadlines and requirements that must be met. Regardless, there are formally required divorce papers and documents that must accompany any divorce petition. These sometimes include:
- The divorce application including all necessary information
- Documents justifying maintenance claims
- Documents justifying claims regarding the division of assets
- Documents and documentation that justify claims for care and custody
- In addition, there are necessary papers, documents and forms that may be required depending on the type of divorce application. We want to take a closer look at this.
The Divorce Convention (Consensual Divorce)
In the case of a divorce on joint request, the so-called divorce convention must be attached to the divorce application. In this, all side effects of the divorce are recorded in writing. This is sometimes regulated:
- The custody
- Child support
- The pension equalization
- Spousal maintenance
- The property disputes
- The division of the marital home
- Agreement on the assumption of court and attorney’s fees
What evidence is important for the Divorce Convention?
For the complete or incomplete divorce convention, confirmation from the pension fund (pension fund, vested benefits foundation) of both spouses regarding the amount of the pension assets and the feasibility of the division must also be enclosed. Furthermore, the tax returns of the last 2 years with help sheets are required. When allocating real estate, you need the extract from the land register or, when transferring a tenancy, a tenancy agreement.
With regard to disputed maintenance regulations, the wage statement or pay slip for the last 6 months is also required; in the case of self-employed persons, the balance sheet and income statement for the last 2 years must be submitted. In addition, a complete list of private payments must be presented. To clarify maintenance, proof of income from a part-time job and a certificate of pension income, pension fund must also be submitted. In addition, the following evidence is required:
- Bank statements / tax invoices
- Last rent adjustment
- Heating bills or house cost receipts (mortgages, maintenance and operating costs)
- Receipts for childcare
- health insurance bills
- Documents for household contents and liability insurance
- Telephone bills
- Receipts for professional expenses
- Life insurance statements
- Evidence of paid debt interest
Some divorce papers may not need to be presented until the hearing, but it is a good idea to have all the papers ready when filing for divorce. In the best-case scenario, this can shorten the duration of the divorce and save you additional work.
Divorce Application / Divorce Action (Unilateral Divorce)
If the divorce is due to a unilateral request, the request for divorce must not only be justified in the divorce application and in any divorce action that may be necessary, but may also have to be backed up with documents and evidence. Depending on the justification for the application, a wide variety of documents are required in this case.
Documents for the alimony calculation
In addition, all relevant documents for calculating alimony should be enclosed with every divorce application, regardless of the type of divorce (consensual / contentious). This includes the following evidence:
- Marriage contract (if maintenance regulations are included here)
- Tax return for the last 2 years
- Proof of income and list of private benefits
- Proof of income from sideline work
- Certificates of pension income
- Bank statements
- Receipts for childcare costs
- Receipts of other costs relevant to maintenance (rent, fixed costs, etc.)
Do I need a divorce application form?
You can write the divorce application yourself, but you should pay attention to its completeness and formal form.
- Law: An informal letter to the competent authority is sufficient
- Declaration of intent to divorce – both parties
- Is a divorce convention concluded independently or only partially?
- Signature of both spouses
Otherwise, you can contact an attorney to help you draft the divorce petition and divorce convention. However, there are also some forms available for download on the Internet. It is also important that the divorce application and the divorce convention are signed by both spouses. If you do not agree on the side effects of the divorce, you can instruct the court to clarify the disputed side effects.
Can we hire a divorce lawyer together?
Ideally, you will conduct your divorce proceedings as an amicable divorce. Any consequences of the divorce are settled out of court in a divorce settlement agreement. It is then sufficient if one spouse applies for divorce and the other agrees. The partner does not need his own divorce attorney in San Diego for the consent. In this respect, it seems obvious that you should go to a lawyer together and seek advice.
How long do you have to keep the divorce papers?
Basically, you should keep the divorce certificate, which you receive from the court when you receive the divorce decree, for life. Especially after the divorce, some administrative procedures are necessary to change the name and place of residence. For this purpose, the divorce decree is required by the authorities as proof of the lawful divorce. Keep the divorce decree or the divorce certificate in a safe place.
How can a lawyer support you in documenting the divorce application?
It is always advisable to seek legal advice before filing for divorce. Because in the course of an initial consultation, a family law attorney will provide you with detailed information about the special features and requirements of the divorce itself and will also inform you which documents will be required for your application for divorce. In addition, a lawyer can support you in the preparation and collection of all necessary documents and evidence and support you together with you in the course of filing for divorce.
