How to Waive My Rights in a Divorce
Divorce usually ends up being either extremely easy when both parties can agree on everything, or it becomes quit ugly where both parties are constantly at each others' throats, never agreeing on anything. Some people go into the process angry and bitter, which is why many divorce cases end up in the category of an ugly battle. However, if the two parties can completely agree on everything, then the respondent, or person who did not file, can waive rights to a divorce hearing, making the process shorter.
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Instructions
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Agree upon the terms of the divorce. Unless you are completely willing to submit to whatever the other party decides, it is best to be able to sit down and agree to the terms of the divorce. Things such as child support, custody, visitation and division of property and assets can be divided any way that the two parties decide. Courts will rarely change an agreement that is made between the two parties. Courts will generally only step in when something cannot be agreed to.
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Wait for the paperwork to be filed. In order to waive your rights to a divorce, the other party must be the one to file. You will know when it is your time to make a move when you are served the papers. Once the papers arrive, it is always advisable to check them over to make sure that the other party did not change anything that you did not agree to.
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Fill out the appropriate paperwork. This paperwork can be acquired either through your local courthouse or through an online divorce site. The paperwork simply states that you have received the divorce papers, have read them over and agree to everything that is found within them. These forms will waive all of your rights to a divorce hearing and will result in the divorce being completed more quickly.
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Mail these forms to the local courthouse. Check with the courthouse to ensure that you address the papers appropriately to avoid prolonging the divorce longer than necessary. A judge will look over the papers, determine that everything is signed correctly and sign off on the judgment. You will receive a final copy of the divorce that is signed by the judge in the mail and you will be officially divorced.
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Tips & Warnings
Make sure that you sign everything in the correct places and that you have a witness sign as well or you will find yourself at a divorce trial despite trying to settle out of court.
