How to Do an Uncontested Divorce on Your Own
When both partners in a marriage agree that a divorce is their best option and there are no disagreements about spousal support, child custody and property rights, filing for an uncontested divorce is a viable option. An uncontested divorce is one in which there are no disagreements between spouses in issues relating to their assets, debts, child custody or support arrangements. Obtaining an uncontested divorce is a matter of agreeing on who gets what in the settlement and the couple being able to amicably agree on the terms of their divorce.
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Instructions
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Purchase and fill out a Petition For Divorce form, which gives the court jurisdiction over your divorce. These forms can be purchased at an office supply store as part of a legal kit.
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Create a financial affidavit that details the assets of you and your spouse and includes information on debts and how they will be divided and if any child support or alimony is agreed upon. A financial affidavit can be a spreadsheet with all assets that are owned jointly and individually; It is up to you and your spouse to agree on who gets what asset and what the other spouse needs to receive in exchange for their interest in the each asset. In addition to listing all assets, all debts that are held jointly and individually should be listed and be divided up so that both parties are satisfied with the arrangement of who will be responsible for each debt.
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File the Petition For Divorce and financial affidavit forms with the local court, along with a Notice of Hearing form, which is a request for the judge to set a date to hear your case. If your future ex-spouse cannot attend the hearing, check with the court clerk to determine if you may use an Answer And Affidavit form, which will be sent to your spouse to fill out and send back to the court before the hearing date.
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Check your state's residency requirements for filing divorce papers with the clerk of the court. If you cannot prove that you meet the minimum requirements you may need a Certificate of Corroborating Witness to prove the length of time you have lived in the state.
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Complete and sign a Settlement Agreement form by detailing the conditions of the divorce, including asset distribution, alimony, child support and other issues. Turn the form in to the court on the hearing date and wait to receive the Divorce Decree, in which the judge has signed off to finalize your divorce. Obtain a certified copy of the decree from the court; You may need a copy of the Divorce Decree for future mortgage loans, financial aid for your child's college expenses or another legal situation.
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