Uncontested Divorce Steps

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A divorce can be of various types. The couple who wants to break their relationship and go back to status of being single can choose how they want it to do. Basically, there are many forms of legal separation available according to the requirements and conditions of partners. Some states allow an uncontested divorce in their territory. Uncontested divorce is a dissolution of marriage without court proceeding. As the name suggests, there is no litigation to be fought in the court about issues related to property and children.

Uncontested Divorce Steps amongst the divorcing partners

  • The divorcing partners must talk with each other to confirm that they both would sign their part of the documents and remain present at the final hearing, if required. Although these requirements would vary from one state to another, both the divorcing partners would have to put down their signatures on at least one document
  • The divorcing partners must prepare a list of their marital assets and debts. They must finalize between themselves how to divide their property and liabilities between them without any conflict
  • The divorcing couple must draft a settlement agreement. They can seek for legal assistance for making this draft legally correct. This is a contract between the divorcing partners. All the points that a couple thinks the court should enforce on them should be made a part of the document. A settlement agreement is a written document that the divorcing partners should sign in the presence of a notary public.

    This document includes the following points.

    • How to divide the marital assets and liabilities or any other provision
    • If the divorcing couple has children under 18, then how to arrange child support, visitation and child custody

Uncontested Divorce Steps related to the court clerk

  • A majority of courthouses have an on-line website. From this website, the divorcing partners can read the fundamental information regarding termination of marriage and can download the relevant documents
  • If there is no website, the divorcing partners must pay a visit to the court clerk's office in the local county courthouse and collect the required forms by paying requisite fees
  • The next step is to complete the original copy of these forms and prepare 2 copies of each form in order to send to the concerned persons
  • The court clerk stamps the date and time on all the legal documents submitted to him or her
  • The court clerk retains the original copy and returns the 2 copies to the divorcing partners. These copies are to be handled carefully as these are evidences for a procedure of an uncontested dissolution
  • At this time, the court clerk assigns a case number to the divorce case. This case number is the registration number of that case in the court
  • The divorcing partners must use this number if they have any queries about their petition for dissolution

Divorce Steps like service and hearing

  • After filing the essential papers, the Plaintiff serves these papers to the Defendant
  • The service is usually done by a private process server of a Sheriff's deputy
  • If the Defendant signs a document known as "Acknowledgement of Service", the condition of formal service might be excused. The lawyer of the
  • Plaintiff files the Acknowledgement of Service with the court
  • The Defendant is given certain number of days within which he or she has to file a Response to the Complaint. This period is different in different states. Sometimes, it is thirty days while in some states it is forty five days
  • If the Defendant fails to file a Response, a Default Judgment is granted. Default judgment accepts all specifications put by the plaintiff and grants them
  • The last step is a final hearing that is conducted during which a Plaintiff must be present along with his or her attorney
  • It is recommended that the Defendant must also be present with his or her attorney in case the response is filed
  • If everything is in order, the judge signs the judgment and grants the divorce
  • The Property Settlement Agreement is enclosed with the judgment

So, these are some steps for an uncontested separation. Filing a petition is the vital part of whole disintegration procedure and therefore, it should be done after preparing thoroughly for dissolution. The above mentioned stages have been generalized for all applicants. A divorcing partner should check the specified details in the state in which an uncontested divorce is to be filed.

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