An uncontested divorce is where parties agree to divorce and have agreed upon issues of custody and child support. There is also agreement on division of marital property. Some states allow parties to file for an uncontested divorce without ever having to step into a courtroom. Other states require the moving party to be present for a court hearing. The method of filing is similar in most states.
Uncontested Divorce Forms or Packets
Some states have websites where parties can download forms for an uncontested divorce. Other states have packets which must be picked up in the matrimonial court or in the county clerk's office. The divorce packets contain information about how to file an uncontested divorce in the particular state. Some of the packets include divorce forms.
Steps to File for an Uncontested Divorce
An uncontested divorce is generally faster and cheaper than a contested divorce. The person filing for the divorce must ensure that state residency requirements are met and that grounds for divorce are present, if necessary in that state, or that the appropriate no-fault status, such as irreconcilable differences, is listed. Filing fees also have to be paid.
Filing the Divorce Petition or Complaint
The moving party must obtain the appropriate forms and file the divorce petition or complaint in the correct office, which is sometimes the matrimonial clerk's office or the county clerk's office.
Serving the Divorce Petition or Complaint
The next step requires service of divorce papers upon the other party. Most states do not allow a party to serve the papers. Often a process server or sheriff can be used to serve papers. Some jurisdictions allow papers to be served by a person over a certain age. The party being served will either acknowledge or answer the petition or complaint or ignore it, whereupon the moving party will have to ask for a default judgment of divorce.
Preparing the Remaining Divorce Forms
This step involves preparing the divorce forms, with or without the other party's help, so that agreement on the issues is shown. A settlement agreement, which spells out the rights of each party and the division of property, is often prepared at this time in the event it has not already been done.
Filing Remaining Forms and Finalizing the Divorce
The remaining forms are filed in the clerk's office along with the settlement agreement, if any. This is all that is needed in some states to finalize the divorce. In other states, parties need to come into court to finalize the divorce but it is generally a simple matter if there is agreement on all issues.
Seek Legal Help
Since each state has its own set of rules, seek legal help in your state so that the forms are filled out correctly.
