Uncontested Divorce Petition

The process of an uncontested divorce begins when one divorcing partner files a Petition. This divorcing partner is named as the Petitioner or Plaintiff. Further, this Petition is served to the other divorcing partner. Recipient of the Petition is called as the Respondent or Defendant.

The venue for filing the Petition is the county clerk’s office at the local courthouse. Along with the original copy of the Petition, two photo copies should be kept. Original copy is for the clerk’s office. One copy is retained by the Petitioner for self record. The second copy is mailed to the Respondent.

Contents of the Uncontested Divorce Petition

The Petition comprises grounds for divorce. It includes all the issues pertaining to divorce case like property distribution, visitation, child support etc. The below mentioned data is usually included in the petition.

• The names, addresses and dates of birth of both divorcing partners.
• The location and date of marriage of the divorcing couple.
• The date of separation of the parties.
• In case the divorcing couple has child(ren), then, the names and dates of birth of these child(ren).
• A summary of the assets and debts of both the divorcing partners.

The contents of the petition are the answers of some questions, some of which are detailed below.

• How will the distribution of household items take place?
• Will the residence be sold? If no, will one partner buy-out the other partner’s share?
• How will the division of equipments, yard tools, vehicles, credit cards etc be done?
• What is either partner’s share regarding retirement benefits like 401Ks?
• Will one partner get spousal support?
• If the divorcing couple has child(ren), then, how are the custody arrangements of the child(ren)?
• What is the amount of child support, medical expenditure and day-care?
• What is the percentage of visitation?

Fee of Uncontested Divorce Petition

While the Petitioner files the Petition, he or she has to pay the filing fee. This filing fee varies from one state to another and from one county to the other. Sometimes it happens that the Petitioner does not have sufficient money to pay the fees. In such a case, the Petitioner has to submit an Affidavit which mentions that the Petitioner can’t afford the filing fee. If the Judge approves the Affidavit, then the fees are waived.

Methods of serving the petition

A majority of states in the United States expect that the Petitioner must serve the Petition along with other forms personally to the Respondent. In an uncontested divorce, as both the divorcing partners are separating amicably, all that the Petitioner has to do is to meet the Respondent, hand over a copy of the documents and intimate that the Respondent should file an appearance in the office of the court clerk.

However, it may happen that the Petitioner may feel uncomfortable to serve the forms. In such a case, a legal process server can be requested to serve the Petition. Such a server can be found online. The other way is that the court clerk can suggest the name of a legal process server known to the clerk.

The third method is that the Petitioner may contact the office of the local sheriff and arrange to serve the documents.

In extreme cases, when the Respondent cannot be traced or the Respondent purposefully evades the service, then the method of Publication is used.

Divorce Papers