Starting a Divorce: Filing Court Forms

02 Oct

File the Court Forms at the Court Clerk’s Office

             The original Summons, Complaint, Notice of Automatic Court Orders, state marshal’s return of service and the filing fee (or the original Application for Waiver of Fees if it was granted by the judge) must be brought or mailed to the court clerk’s office. The court clerk must receive it at least 6 days before the Return Date. Also, if public assistance or HUSKY health insurance was received, bring the completed certification.

             You will have to pay the filing fee unless it has been waived. The current filing fee is $350. You may pay by cash, money order, or a personal check made payable to “Clerk, Superior Court.” If you are paying by personal check, bring photo identification and make sure your address is pre-printed on the check. The address on your check should match the address on your photo identification. Please note that the courts may accept certain credit cards, but it is recommended that you check this in advance.

 Court Orders Before the Divorce Judgment (Pendente Lite)

             You may ask the court at any time to make orders about alimony, child support, custody, visitation, and exclusive possession of property. You do not have to wait until the final divorce hearing. You would have to file a written request (called a motion) with the court clerk. The earliest that you may file a motion is with the original Summons, Complaint and Notice of Automatic Court Orders.

 Tip: Pendente Lite means before the divorce is granted.

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Posted by on October 2, 2012 in Uncategorized


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