Uncontested Divorce Packet

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Seeking a divorce and undergoing the process is really tough. Along with the emotional stress, married couples have to handle the pressure of undergoing the complicated processes. Although spouses try to simplify the legal process by opting for an uncontested case, obtaining this type of divorce is also not easy. However, today, in this technological age, people find ways to make life simpler. Such an example can be found in the case of domestic relations laws pertaining to divorce, where you can obtain a divorce legally using technology. If you cannot afford legal counsel and want to terminate your marital status legally in a short period of time, you must get an uncontested divorce packet. Such a packet is a collection of papers which one can start and complete the procedure of an uncontested case.

Types of Uncontested Divorce Packet

There are different types of packets depending on the type of uncontested process.

  • Simple Property Issues, with Minor Children.
  • Complex Property Issues, with Minor Children.
  • Simple Property Issues, with no Minor Children.
  • Complex Property Issues, with no Minor Children.

All these four types contain same information pertaining the documents and forms that one need to file. Let us take the example. In order to make you understand the process, simple property issues with no minor children is explained here. This comprises of the following information, instructions and forms:

  • Final Decree (simple property issues, no minor children)
  • Instructions for completion of the Final Decree of Dissolution of Marriage (simple property issues, no minor children)
  • Verified Marital Settlement Agreement (simple property issues)
  • Instructions for completing the Verified Marital Settlement Agreement (simple property issues)
  • Uncontested Petition for dissolution of marriage (simple property issues, no minor children)
  • Instructions for completing an Uncontested Petition for Dissolution of Marriage (simple property issues, no minor children)
  • Domestic Relations Information Sheet
  • Instructions for completion of the Domestic Relations Information Sheet
  • General Instructions
  • Uncontested Divorce without Minor Children Flow Chart
  • Overview

Steps followed in an Uncontested Divorce using the Divorce Packet

  • The following documents must be completed:
    • Verified Marital Settlement Agreement
    • Uncontested Petition for Dissolution of Marriage
    • Domestic Relations Information Sheet

  • The Marital Settlement Agreement and the Petition should be notarized. In the Courthouse, one can meet several public notaries.
  • Depending on the county and the state, there is a requirement of some copies of the original document. These copies can be made in the clerk's office or elsewhere.
  • The documents must be filed in the office of the clerk. The original documents would be retained by the office of the clerk to prepare the court file.
  • In order to open the case, the filing fee must be paid. The office of the clerk usually accepts money order, cashiers check or cash.
  • Those who do not have money to pay the filing fee need to file a Motion and Affidavit for a Free Process, prior to filing the Petition. The forms for this purpose can be obtained from the Self-Help Center.
  • After the documents have been filed, the office of the clerk would allocate the case a Case Number and a Judge.
  • The copies of the original document that have been submitted are stamped by the office of the clerk and returned to the divorcing person. Usually, 3 copies are stamped. Two are for the two divorcing partners and one copy for the Judge.
  • The divorcing partner must visit the office of the Judge, who has been named for the case. The assistant of the Judge is given the followed endorsed documents:
    • Final Decree
    • Verified Marital Settlement Agreement
    • Petition for Dissolution of Marriage

  • The Judge reviews the documents.
  • If the Judge comes across any problem in the documents, the Judge plans a hearing for solving it.
  • After all the problems are resolved, the Judge signs the Final Decree.
  • The Final Decree must be filed in the office of the clerk. Unless this step is completed, the divorce is not considered final. In some counties, there is a demand for a certified copy of the Final Decree. This document can be certified in the office of the clerk.

To get a clearer idea about uncontested divorce packet, we can take the example of any state in the USA where separating partners can use such packet in order to obtain an uncontested process. If you are willing to fight your uncontested case in New York, you must follow the following steps:

  • Both of the partners must be completely sure about the divorce. They should be clear about the grounds for divorce and agree on all the terms before signing the papers.
  • If anyone of the separating partners has bought a health insurance which covers both spouses, the other spouse will be unable to receive health insurance benefits after the separation. The New York state laws require a statement from the spouses mentioning that both of them understand the consequences in this context.
  • Once the separating partners make the above statement, they need to visit the state court website. Here they can read all the necessary information related to the uncontested divorce. They can then download the divorce packet and file the forms with the clerk of the court in the county where the plaintiff resides.
  • The last step is when the partners have to wait for the e judgment. Once you get a copy of the decree, you have to fill out another form named "Notice of Entry" and mail the copy of the decree and the form to your partner.

In this way, your uncontested case in New York is completed just with the help of an uncontested divorce packet. Similarly you can follow the steps required for an uncontested process in your state. Using the innovative tool of a packet, you can represent yourself without the help of a lawyer and get justice quite easily.

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