How to File for Uncontested Divorce?

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For many lovers marriage is the culmination of their love. They marry each other thinking that their love will help them stand against every adversity of life. But sometimes things don't work between them and the marriage culminates into a divorce. When you realize that your marriage is over, you must think of parting ways from your partner and file for a divorce. This solution may seem to be a bit harsh, but this is the right decision that will prove beneficial for both of you. When a relationship loses its essence day by day, it is necessary that this relationship should be broken. Sometimes it happens that many people do not want a divorce or postpone a divorce because the court sessions and proceedings seem to be boring, lengthy, costly, a word troublesome. If you are considering the same, you are wrong because today you can go for simple and hassle-free uncontested divorce where you need not bear all these. The first step towards this will be to know how to file for an uncontested divorce.

Basics of an Uncontested Divorce

In order to file for an uncontested divorce, you must know what an uncontested divorce is. An uncontested divorce, as the term suggests, is not contested by the divorcing parties. Such divorce is granted when both parties are able to settle their conflicts and reach a mutual agreement. The help of an attorney is completely optional. If the court finds the mutual agreement satisfactory and serving the interests of both parties, it will definitely grant a 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 these 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-

Procedures to File for Uncontested Divorce

  • The Petitioner should discuss his/ her case with the Respondent. He must take signature of the Respondent on various forms

  • The Petitioner should confirm that the respondent attends the 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 and distribute those amongst themselves. 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 to be 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, he/ she must collect all essential forms for the uncontested divorce. Otherwise he/ she can find and download information online

  • The petitioner has to complete all the relevant forms. He/ she should prepare two copies of the original document, excluding the originals

  • Then he/ she need to 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 with this Case Number

Tips to File for Uncontested Divorce

The following tips will certainly help you in filing for your divorce case-

  • A majority of states furnish 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

All the information mentioned above are the basic requirements. These may be common to many states in the United States. The answer to, 'how to file for an uncontested divorce', will be complete when you know the exact requirements of the state from where you are filing for the case. If needed, you can consult a professional advocate who will guide you during the whole process. Again, you can make some researches on the internet to know the pros and cons of an uncontested divorce in your state.

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