Uncontested Divorce Tips and Tricks

by Jason Brown Jason Brown

If you and your spouse plan to divorce, the more amicable your separation, the better for both parties. In an uncontested divorce, neither party objects to the marriage’s dissolution. Even so, there are certain tips and tricks you should keep in mind.

 

1. Understand state law. If you both reside in the same state, then you'll initiate your divorce in that state. If you live in separate states there may be a residency requirement that must be met before you can file elsewhere. Typically, that requirement ranges from one to three months. Familiarize yourself with your state’s divorce code to see where you stand.

 

2. Know the jurisdiction. Typically, divorces are filed in the county were one or both spouses reside. To confirm which court will handle your case call the County Clerk's office for more information. If you and your spouse are living in separate counties you can both decide which county will hear your case.

 

3. Your grounds for divorce. You and your spouse need to determine the grounds for your divorce. In many states no-fault divorce is in place, Therefore “irreconcilable differences" is usually used. In uncontested divorces this option is usually chosen.

 

4. Secure the correct forms. Your state has several forms related to divorce that must be filled out. At this point you may seek the assistance of a divorce or family law attorney to guide you. Often, the forms that you need are located right online. Visit your state’s court website, choose the appropriate link and download the applicable forms.

 

5. Read the form instructions carefully. You need to fill out the divorce forms precisely as instructed. Plan to answer every question and fill in every space provided with the details requested. Usually, you cannot type in the information. Instead, you'll be required to choose blue or black ink and print that information. Your attorney can guide you to ensure that all documents are answered correctly and signed by you.

 

6. Pay your filing fees. When you submit your forms you will pay filing fees. You may have to submit multiple copies of each form along with your fees. Some courts do not accept debit cards or credit cards and may not accept a check unless it has been issued by an attorney. Find out what methods of payment are acceptable and respond accordingly.

 

7. File your forms. File your divorce forms including your copies at the County Clerk’s office. One set of forms will be given to you and the other sets will be held by the court.

 

8. Go to your hearing. Following the submission of your paperwork you may be notified of a court hearing date. It is at that time when both you and your spouse will appear in court to orally testify of your intention to divorce. In some states that hearing finalizes the divorce; in other states there is no hearing but you may have to file a waiver of final hearing. Your attorney will guide you here.

 

9. Confirm that your marriage has been dissolved. Your divorce is not finalized until the court sends you a divorce decree. Some states send notice by a letter or postcard while other states provide a docket with a final order signed. A copy of the decree will also be on record at the County Clerk’s office. You can order a certified copy and pay a small fee for the expense.

 

Attorney Considerations

 

It is important that you work closely with your attorney when going through a divorce. Even though your divorce is uncontested there are certain things you may be entitled to receivie. For instance, your share of your spouse’s retirement plan should be awarded to you. If children are involved, arranging visitation should be handled in advance too. Avoid surprises by hiring an attorney early in the divorce process advices Widrig Law PLLC.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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