Divorce Guide

Divorce Guide

Uncontested Divorce Papers

Divorce doesnít necessarily have to be a long drawn out process. One can file his/her papers on own without the help of a lawyer as long as both the parties are in agreement. The use of uncontested divorce papers arises when there is no disagreement involving the spouses over monetary or other issues related to divorce. The issues may include support and custody of children, distribution of matrimonial belongings etc. The points related to the suit are elaborated below.

Instructions regarding uncontested divorce papers:

  1. To begin legal proceedings one must obtain an uncontested divorce form. One must visit a legal forms website like uselegalforms.com and download them for free. The other is the stateís judiciary website where a person can visit and click on the form or self help link. One can also drop down and pick up the forms by a local county courthouse, along with the instruction packet, from the clerk of court.
  2. The second step is to fill out the forms. The spouse who has obtained the form is a petitioner or a plaintiff. The other spouse is the respondent or defendant. All the details of both the spouses such as their full legal name, address, telephone number and social security number should be provided correctly.
  3. A valid ground for divorce must be chosen. The person can get divorce on the basis of not being compatible as most of the states allow for uncontested divorces in such situations. States such as New York require both the spouses to be separated for at least a year if they donít have a reasonable ground like adultery or cruelty. Usually a divorce can be obtained faster on these grounds, provided the couple is honest in their petition.
  4. The fourth step is to make three copies of the forms. One set should be filed with the clerk of the court, one set should be kept by the petitioner and the other set should be given to the respondent. The petitioner can forward the papers to his/her spouse via mail or it could also be done through a sheriff, marshal or an independent contractor. There are certain fees charged to file a divorce, and for the delivery of the divorce papers. The charges come to $100 to $250 depending on where the petitioner resides.
  5. The petitioner has to wait for 30 to 90 days before the judge approves his/her decree. This gives the respondent (the other spouse) ample time to contest for the divorce petition. It also allows time for the case to come before the judge.
  6. Picking up the final divorce decree from the clerk of court is the last step in the process. The petitioner would be notified by a certified mail when the divorce is finalized. The divorce would be granted when the copy of this decree is served to the respondent.

Uncontested divorce requirements

According to uncontested divorce papers there are some requirements that the couple should fulfill before they are granted a divorce, they are:

  • Both of them must meet the residency requirements of the state in which they live
  • Both of them must agree on all the aspects of ending their marriage
  • The wife should not be pregnant

For numerous reasons using uncontested divorce papers are the speedy, and cost efficient way to file a divorce. One must just fill the forms that are appropriate to the state that he/she resides, file the official procedure and wait for the courtís authorization. A court approval is guaranteed if all the relevant details are filled properly in the papers.

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