Do It Yourself Uncontested Divorce
Divorce Papers > Do It Yourself Divorce > Divorce Do It Yourself Uncontested Divorce
Consider that both the divorcing partners have agreed with each other regarding all the issues of the divorce. Then, they can draft an agreement mentioning all the points of the divorce issues. Such a divorce is categorized as an uncontested divorce. The court has some free resources that enable a couple to make their divorce case an uncontested one. They are as follows.
- Court annexed mediation program
- Family relations counselors
- Special Family Masters
The following description is valid for the State of Connecticut. Other states might have slight variations regarding the same.
Preparation for the Hearing of the Do It Yourself Uncontested Divorce
- Not more than 30 days and at least 5 days prior to the court hearing, both the divorcing partners must draft a current financial affidavit. The divorcing partners must sign the affidavit in front of the court clerk or a lawyer or a notary public. After filing of the affidavit, it is sealed. Except when the court issues different orders, this affidavit can be disclosed only to the following
- Lawyers appointed for any minor children
- Guardians ad litems
- Parties to the action and their lawyers
- Court personnel
- Judicial authority
If there is any hearing during which financial issues are being disputed, the court is free to terminate the sealing. Moreover, any individual is free to file a motion to unseal the affidavit
- The divorcing partners must complete the Divorce Agreement (JD-FM-172) to inform the Judge what both of them agree regarding the following issues
- Division of property and debts
- Life insurance and medical insurance regarding the divorcing couple and their children
- Alimony
- Educational support
- Child support
- Visitation
- Child custody
- The Plaintiff must prepare the following documents
- Affidavit concerning Military Service (JD-FM-178)
- Advisement of Rights Re: Income Withholding (JD-FM-71)
- Child Support Guidelines Worksheet (CCSG-1)
- Affidavit Concerning Children (JD-FM-164)
The Plaintiff must forward the completed above mentioned forms to the Defendant or the Defendant's lawyer
- The Plaintiff must complete Part One of Dissolution of Marriage Report (JD-FM-181). This form should not be forwarded to the Defendant (or his / her lawyer). It is for the use of the court only
- If the court has already orders income withholding and the divorcing partner is not receiving child support services at present, then the following forms must be completed
- Order to Withhold Income for Child Support (JD-FM-1)
- Case Input Record, Non IV-D Income Withholding (JD-FM-150)
The Court Hearing of a Do It Yourself Uncontested Divorce
- The divorcing partner should ask the family case flow coordinator or the court clerk regarding the date of the court hearing
- While heading for the divorce hearing, the Plaintiff must carry of the completed forms hinted in the previous section
- The judge will call the name of the case. Now, the Plaintiff must stand up and say "Ready, Your Honor." If the divorcing partners have reached an agreement, the Plaintiff must report this fact to the judge so that the agreement can become a court order. If an agreement is not reached, the judge directs the Plaintiff to a family relations counselor
- The Plaintiff must hand over the completed documents to the judge. Now, the Plaintiff must not interrupt the judge and if the judge asks any questions, must respectfully answer them
A Divorce Judgment
- At times, the court does not prepare a written record of the divorce. Then, the Plaintiff must fill a Divorce Judgment form (JD-FM-177) and within 60 days of the divorce file it in the court clerk's office
- After the judge signs the divorce judgment form, the divorcing partners may request for a non-certified copy or a certified copy for personal records
- Another alternative is that the divorcing partners may request for a "Certificate of Dissolution of Marriage" from the office of the court clerk
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