Nolo's Essential Guide to Divorce - Emily Doskow [32]
On computer. When you download forms from the Internet, they usually will be formatted so that you can type the information into them and then print them out. Unfortunately though, you probably won't be able to save electronic copies once you are finished filling them out-so if you discover a mistake after you've printed the document, you may have to go back and start again.
Typing. You can print out blank copies and use a typewriter to fill them in. (Yes, typewriters do still exist, often at public libraries.)
By hand. If you don't have a computer or typewriter, it is acceptable in most places to handwrite the information. However, make sure that you use a black pen and that you print very, very neatly. If your handwriting is not good, ask a friend to do it for you. It's important that the court personnel be able to read what you have written.
Sign all forms in blue ink. Signing in blue will help you (and the court clerks) distinguish the original from the copies.
One last word about forms: If, after you file a document, you discover that you made a serious mistake or omission in the wording, you can fix it. You'll need to get another copy of the same form, type "Amended" in front of the existing title, fill it out properly, and then file the amended form. (Usually, you won't have to pay a filing fee for the amended form.)
Preparing Court Documents From Scratch
If there's no fill-in form for what you need and you have to prepare your own documents, get ready to nitpick. Most courts require that documents he typed on 81/2" x 11" numbered legal paper. The two sample pages below show what this paper looks like. Numbered legal paper is available at most office supply stores and comes as an option with some word processing software. Some courts accept plain paper; you can call the court clerk and ask, or check your court's local rules.
Sample Caption
Many courts have a set of rules relating to earthshaking matters such as whether plain paper is acceptable, whether your document must have a footer, whether you must double-space your documents, and what size font is big enough. The local rules might be available on your court website, or you can ask the clerk for a copy.
Whenever you make a form of your own, it needs to show what case it belongs to. There are two ways you can do that. If you're creating an entire document, it should have a full "caption," like the one shown in the example above, stating your name, the court you're in, the names of the people involved, and the title of the document. If you're preparing an attachment that will go with another form, then at the top it just needs to give the basic information that will allow it to be identified-for example, "Marriage of John and Sarah Brown, Case Number FA-0345, Attachment to Property Declaration of John Brown." The sample attachment below shows what this would look like.
It's okay to use white touch-up correction fluid to correct typing errors. Keep your text lined up with the line numbers on the left-hand side of the legal paper. Many courts also require that each document have a footer-a line at the bottom of the page that states the name of the document. Check the local rules on this, too. If you're not sure, go ahead and put it in-it won't hurt.
Sample Attachment
Make sure your papers are hole-punched at the top with a two-hole punch (you can find those at copy shops, or the clerk will lend you one when you file the papers).
Filing the Papers
Filing court documents means handing them across a counter to the court clerk or sending them in by mail to be filed. When you begin your divorce action, and possibly if you file a request (usually called a motion) later, you'll also hand the clerk a check for the filing fee. (See "Filing Fees," below.)
When you file a document, give the clerk the original and three photocopies. In most cases, the clerk will keep the original for the court file. The clerk may keep one or more of the copies, too,