Uncontested Divorce Court

In an uncontested divorce, both the divorcing spouses agree to divorce and also agree on all the terms and conditions of the divorce. Therefore, there is no need to attend court trials. However, there are some activities that have to be executed in the premises of the court. These are explained below.

Forms available in Uncontested Divorce Court

In the various states in the United States, there are a large number of courts of uncontested divorce. The total list of forms, pertaining to uncontested divorce, that are available in these courts is very exhaustive and beyond the scope of this article. So, just as an example, some of the forms available in the New York Supreme Court are listed below.

• Verified Complaint.
• Summons.
• Summons with Notice.
• Affidavit in Support of Application to Proceed as a Poor Person.
• Child Support Worksheet.
• Notice of Entry.
• Certificate of Dissolution of Marriage.
• Court Notification.
• Part 130 Certification.
• Proposed Judgment of Divorce.
• Proposed Findings of Fact and Conclusions of Law.
• Request for Judicial Intervention.
• Note of Issue.
• Affidavit of Plaintiff.
• Affidavit of Defendant.
• Affidavit of Regularity.
• Sworn Statement of Removal of Barriers to Remarriage.
• Affidavit of Service.

Role of Uncontested Divorce Court

The court in the jurisdiction wherein either one or both divorcing partners reside is selected for filing the divorce application. The office of the clerk in such a court is where the application should be filed. In some states in the United States, there is a statute that the Petition must be filed in person. However, in other states, this filing can be done by mail also.

After the divorce application has been filed, the next step is to serve these papers to the Respondent. The Petitioner must enquire with the court clerk regarding which manner of service is recommended by the court. The court would advise one of the following--

• Using certified or registered mail to serve the divorce papers and procuring a receipt signed by the Respondent.
• The court clerk may perform the above mentioned mailing and the Petitioner has to pay for the handling and postage costs.
• The law officer is allowed to serve the papers if the Respondent lies within the law officer’s jurisdiction. This law officer will charge a fee for this work.
• The Petitioner is free to hire a professional process server for this work.
• A disinterested adult, who is approved by the court, may be given this job.

Irrespective of which of the above methods is used, the court requires evidence that the Respondent has been served the divorce papers. One of the following is essential.

• A signed statement by the server mentioning that the notice was served.
• Registered mail receipt signed by the Respondent.

Divorce Papers