Uncontested Divorce with Children

Documents to be initially filed regarding Uncontested Divorce with Children

• Complaint for Divorce
• Summons to Answer Complaint
• Matrimonial Action Information
• Kids first Information Sheet
• Income and Expense Statement of Plaintiff
• Asset and Debt Statement of Plaintiff

If the Defendant does not sign an Appearance and Waiver form, the Plaintiff must serve the Complaint for Divorce and Summons so that an Answer to the Complaint is filed. Further, the Plaintiff must file one of the following documents.

• Proof of Service
• Motion for Service by Mail and Affidavit: Order for Service by Mail

Now, the Plaintiff must fill in the case number in the below mentioned documents and file them in the Circuit Court.

• Income and Expense Statement of Defendant
• Asset and Debt Statement of Defendant
• Appearance and Waiver / Proof of Service / Statement of Mailing

Other Documents to be filed regarding Uncontested Divorce with Children

Consider that one of the following has taken place.

• The Defendant has signed the Appearance and Waiver, or
• The Defendant has not filed an Answer in the stipulated time period

• Affidavit of Plaintiff (for Uncontested Divorce)
• Request for non-hearing Uncontested Divorce
• Child Support Guidelines Worksheet: This document specifies the amount of child support that the non-custodial parent must disburse to the custodial parent. Both the divorcing partners must sign this document
• Order / Notice to withhold income for Child Support: This document directs the employer of the obligor (individual paying child support) to disburse the amount of child support owed to the Child Support Enforcement Agency
• Decree granting Divorce and awarding Child Custody: If the divorce is obtained by default, then the signature of the Defendant is not essential. However, if the divorce is procured by agreement and the Defendant has signed the Appearance and Waiver form, then the signature of the Defendant is essential. The Plaintiff must sign this document

Varying methods of Service of documents

• Assume that the Defendant accedes with the Plaintiff regarding divorce, distribution of assets and debts, plans for child support, visitation and child custody. Then, such a Defendant must sign the "Appearance and Waiver" in the presence of a Notary Public. In addition to this, the Defendant must file the following documents
  • Income and Expense Statement
  • Asset and Debt Statement
  • Child Support Guidelines Worksheet
  • Decree Granting Divorce and Awarding Child Custody
• The Plaintiff can request any reliable friend or relative, who is at least 18 years of age, to deliver the divorce documents by hand to the Defendant. After the service is complete, this friend or relative must complete the "Proof of Service" document and give it to the Plaintiff. This Plaintiff must file this document in the court
• The Plaintiff can hire a process server for service of the divorce documents. The Service Center at the courthouse is the appropriate venue for obtaining a list of process servers

Divorce Papers