Saturday, April 14, 2012

How to File Uncontested Divorce Forms




If your spouse is amenable, you can file uncontested divorce forms yourself without having to hire a lawyer. There are several things that are going to have to be true for this to be possible, but if you and your spouse both agree to the terms of the divorce and can make your own arrangements in so far as child custody, division of property, and so on, you can handle the entire thing yourself without ever having to have legal representation.To file uncontested divorce forms, you'll have to:1. Go to the county clerk' office in your local courthouse and file for a petition of divorce. This details everything about the divorce, including its grounds, child support payments and visitation, division of property, and so on. You'll need to pay $250-$300 to file the petition, but you may be able to get help filing if you can't afford it; just submit an affidavit that says you can't pay the fees and it may be waived. Make three copies of the petition. One is for your own records, one is for your spouse's records, and one is to be filed with the clerk.2. File a waiver of citation. This is to be filed along with your petition, and it just means that the person NOT filing for divorce in your relationship has already received a copy of the petition and doesn't need to be officially served by the sheriff or constable.3. Appear in court to answer the judge's questions and to sign the final divorce decree. The judge will prepare a final divorce decree and both you and your spouse will need to appear in court to sign it. This is the final document and it's pretty much the same as the petition, in that it details everything pertaining to the divorce. This happen 60 days after the initial filing of the petition, which is the official waiting period. After this time has passed, there will be a final hearing scheduled.At the final hearing, you and your spouse will both appear in court to answer questions from the judge. You may be asked things such as your name, your spouse's name, where you reside, dates you were married and separated, whether or not there's a waiver of citation signed by your spouse, whether or not there's a signed divorce decree, and whether or not there's any chance that you and your spouse can reconcile. The judge may also ask whether or not there are children from the marriage. Once these questions are answered, the judge will sign the final decree, and after you wait for another 30 days, you and your spouse are officially divorced.


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