How to File for an Uncontested Divorce

So you and your spouse decide that you no longer want to be married. This is a fact, but you both want to avoid the nastiness and expense of a long drawn out divorce case. You might want to consider filing an uncontested divorce. Each state has a different set of documents that you must fill out, but the process is mostly the same. This article will guide you through the basic steps.

Instructions

1. Talk to your spouse. Make sure that she will agree to sign her portion of the paperwork and show up at the final hearing if necessary. This requirement will vary from state to state. Both parties will have to sign off on at least one document together.

2. List all marital assets and debts. Start the discussion on how you want to divide these between you.

3. Draw up a settlement agreement. A settlement agreement is a written document that both of you will sign in front of a notary public. This is the contract between yourself and your spouse. It tells the court how you want your marital assets/liabilities or any other provision that you would want enforced between you. For instance, if there are children under 18 that are from the marriage, you must include custody, visitation and child support arrangements. Basically, anything that you will want enforced in a court should be included in this document

4. Check the Clerk's office of your local county courthouse. Most clerk's have an online website where you can get basic information and download the required forms. If no website is available, you will be required to make a visit to the clerk's office to pick up the forms.

5. Fill out the appropriate documentation depending on the type of uncontested divorce you are trying to obtain.

6. Take an original and two copies of all required documentation to your County's courthouse for filing. The Clerk will usually keep the originals of all documents, and he will stamp in the date and time the paperwork was processed. At this point you will also be assigned a Case number. If you ever have any questions about your file from this point on, it will help to keep this number handy.

Tips & Warnings

• Most states will allow the settlement agreement to contain a provision allowing the wife to change back to her maiden name.

• Make sure you pay close attention to the forms that you have to file. Not having a complete paperwork set, will delay your divorce.

• Most states will provide you with a checklist of forms required.

• Almost every state will have different sets of required paperwork depending on what type of divorce you are trying to obtain (refer to Step 5). Pay attention when downloading or even pciking up in person because choosing the wrong set will cause you to have to start all over again.

• This article is a general how-to article and should not be considered legal advice. Each State has different laws and for legal advice you must consult an attorney within your state.

Resources

• Links to Family Law Forms