How to File for Uncontested Divorce?

The divorcing partner who initiates the divorce action by filing the petition is called as the Petitioner or Plaintiff. The other divorcing partner who is served the petition and who responds to it by providing an Answer is called as the Respondent or Defendant. The Petitioner files the essential documents required to procure the uncontested divorce. The Petitioner has to take the signatures of the Respondent, wherever they are demanded.

Every state in the United States has its own set of forms for an uncontested divorce. Each state also defines its own divorce procedure regarding how to file for uncontested divorces. However, these procedures can be broadly divided into the steps mentioned below.

Procedure to File for Uncontested Divorce

• Petitioner should discuss the divorce with respondent. He must take signature of Respondent on various forms.

• Petitioner should confirm that respondent attends final divorce hearing, if compelled by the laws of any particular state.

• The Petitioner and the Respondent must prepare a roster of the marital debts and assets. Then, distribute those among them. Both the divorcing partners should be satisfied with the decision.

• The next step is to develop a Settlement Agreement. This is a written document that has to be signed by both the petitioner and the respondent in the presence of a notary public. This agreement is like a contract between the divorcing partners. All the issues that the divorcing couple wants enforced on them through the court are included in this document. Examples of some issues are child support, visitation, child custody and distribution of assets and liabilities.

• The petitioner has to pay a visit to the clerk’s office of the local county courthouse. Here, the petitioner must collect all essential forms for the uncontested divorce. Otherwise petitioner can find and download information online.

• Complete all the relevant forms.

• Prepare two copies of the original document, excluding the originals.

• Submit the original document along with the two copies to the clerk in the county’s courthouse. The clerk affixes the date and time stamp on the papers. The original copy is retained with the clerk.

• The clerk issues a Case Number to the Petitioner. In the future, if the Petitioner has any queries about the case, it is handy to report this Case Number.

Tips to File for Uncontested Divorce

• A majority of states furnished a checklist of forms that are essential for the divorce.
• If the Petitioner fails to file a complete form set, the divorce would get delayed.
• In most of the states, the Settlement Agreement comprises of a provision that permits the wife to restore her maiden name.

Divorce Papers