How to Get an Uncontested Divorce
Determine if you meet the residency requirements for a divorce in your state., Determine what Court has jurisdiction for your divorce., Determine your grounds for divorce., Obtain the proper forms., Complete the forms., Prepare your completed forms...
Step-by-Step Guide
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Step 1: Determine if you meet the residency requirements for a divorce in your state.
Every state requires that at least one of the parties to a divorce has resided within the state for a certain length of time, usually between 30 and 90 days.
Check your state’s divorce code to determine if you meet the residency requires for a divorce.
You can locate the code by:
Selecting the appropriate link from the State Legal Sources on the Web page provided by the University of Michigan, and then searching for “family law” or “divorce”.
Choosing your state from the Legal Information Institute’s Divorce Laws of the 50 State’s webpage provided by Cornell University Law School. -
Step 2: Determine what Court has jurisdiction for your divorce.
Divorces are usually filed in one of the Circuit or Superior Courts in the county where one or both parties reside.
If you are unsure what Court to file in, call the county Clerk’s office and ask in which Court divorces should be filed.
In some counties and states, you may choose whichever county court you like. , Search your state’s code for a list of recognized grounds for divorce.
All states have a no-fault ground for divorce that reads something like, “irreconcilable differences which have caused an irretrievable break down of the marriage”.
Spouses getting an uncontested divorce most often choose this ground for divorce, as fault grounds place blame upon one of the parties, possibly entitling the other to a larger portion of the marital estate. , There are several places where you might be able to locate the forms you will need for an uncontested divorce, including:
Your state Court’s website.
You can locate your state Court’s website by choosing the appropriate link from the National Center for State Court’s State Court Web sites page.
Find Law’s Divorce Forms by State webpage.
Search engine results.
Use your favorite search engine to search for your state’s uncontested divorce forms.
Try searching, “YOUR STATE divorce forms” or “YOUR STATE uncontested divorce forms”.
For example, if you live in New York, you would want to search “New York divorce forms”. , Fill out the forms by typing or printing neatly in blue or black ink.
Be sure to fill in every blank and answer every question.
If you are unsure what a question is asking you, check with the Clerk for assistance.
He or she will not be able to give you legal advice; however they can explain what a question is asking for. , Call the Clerk’s office in the county where you will file your divorce and ask how many copies of each form is needed and what the filing fee will be.
You may also want to ask what methods of payment are accepted, as many Courts do not accept debit or credit cards, or checks from non-attorneys. , Take your original forms, all of your copies, and your filing fee to Clerk’s office.
A clerk will assist you with filing you documents and retaining the appropriate number of copies. , Some states require that couples in an uncontested divorce appear for a hearing and personally inform the Court that they wish to enter into the agreement filed with the Court and have their divorce finalized.
Other states do not require a hearing for uncontested divorces, but may require that both spouses sign and file a Waiver of Final Hearing.
If you obtained your forms from a trusted source, you should have any Waivers that need to be filed in your packet.
If you are required to attend a hearing, you should follow these rules:
Dress professionally and conservatively.
For men, this means a suit and tie, no jewelry, and no cologne.
For women, this means a long skirt or dress, a high cut blouse, very little jewelry and make-up, and no perfume.
Address the Judge properly.
When speaking to the Judge, you should stand, and address him or her as “your Honor” or “Judge”.
Be polite.
Do not interrupt others.
Address the opposing party and all witnesses as Mister, Miss, Sir, or Ma’am. , Once the divorce is granted you will receive a postcard, letter, or docket sheet from the Court letting you know that the divorce has been granted and a final order signed.
You may even receive a certified copy of your Divorce Decree. , If the Court informed you of the entry of a Divorce Decree, but did not send you a copy of it, you will need to go to the Clerk’s office and ask for a certified copy.
There may be a small fee for certification. -
Step 3: Determine your grounds for divorce.
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Step 4: Obtain the proper forms.
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Step 5: Complete the forms.
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Step 6: Prepare your completed forms for filing.
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Step 7: File your divorce forms.
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Step 8: If required in your state
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Step 9: attend your hearing.
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Step 10: Wait for the divorce to be granted.
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Step 11: If one was not mailed to you
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Step 12: pick up a certified copy of your Divorce Decree.
Detailed Guide
Every state requires that at least one of the parties to a divorce has resided within the state for a certain length of time, usually between 30 and 90 days.
Check your state’s divorce code to determine if you meet the residency requires for a divorce.
You can locate the code by:
Selecting the appropriate link from the State Legal Sources on the Web page provided by the University of Michigan, and then searching for “family law” or “divorce”.
Choosing your state from the Legal Information Institute’s Divorce Laws of the 50 State’s webpage provided by Cornell University Law School.
Divorces are usually filed in one of the Circuit or Superior Courts in the county where one or both parties reside.
If you are unsure what Court to file in, call the county Clerk’s office and ask in which Court divorces should be filed.
In some counties and states, you may choose whichever county court you like. , Search your state’s code for a list of recognized grounds for divorce.
All states have a no-fault ground for divorce that reads something like, “irreconcilable differences which have caused an irretrievable break down of the marriage”.
Spouses getting an uncontested divorce most often choose this ground for divorce, as fault grounds place blame upon one of the parties, possibly entitling the other to a larger portion of the marital estate. , There are several places where you might be able to locate the forms you will need for an uncontested divorce, including:
Your state Court’s website.
You can locate your state Court’s website by choosing the appropriate link from the National Center for State Court’s State Court Web sites page.
Find Law’s Divorce Forms by State webpage.
Search engine results.
Use your favorite search engine to search for your state’s uncontested divorce forms.
Try searching, “YOUR STATE divorce forms” or “YOUR STATE uncontested divorce forms”.
For example, if you live in New York, you would want to search “New York divorce forms”. , Fill out the forms by typing or printing neatly in blue or black ink.
Be sure to fill in every blank and answer every question.
If you are unsure what a question is asking you, check with the Clerk for assistance.
He or she will not be able to give you legal advice; however they can explain what a question is asking for. , Call the Clerk’s office in the county where you will file your divorce and ask how many copies of each form is needed and what the filing fee will be.
You may also want to ask what methods of payment are accepted, as many Courts do not accept debit or credit cards, or checks from non-attorneys. , Take your original forms, all of your copies, and your filing fee to Clerk’s office.
A clerk will assist you with filing you documents and retaining the appropriate number of copies. , Some states require that couples in an uncontested divorce appear for a hearing and personally inform the Court that they wish to enter into the agreement filed with the Court and have their divorce finalized.
Other states do not require a hearing for uncontested divorces, but may require that both spouses sign and file a Waiver of Final Hearing.
If you obtained your forms from a trusted source, you should have any Waivers that need to be filed in your packet.
If you are required to attend a hearing, you should follow these rules:
Dress professionally and conservatively.
For men, this means a suit and tie, no jewelry, and no cologne.
For women, this means a long skirt or dress, a high cut blouse, very little jewelry and make-up, and no perfume.
Address the Judge properly.
When speaking to the Judge, you should stand, and address him or her as “your Honor” or “Judge”.
Be polite.
Do not interrupt others.
Address the opposing party and all witnesses as Mister, Miss, Sir, or Ma’am. , Once the divorce is granted you will receive a postcard, letter, or docket sheet from the Court letting you know that the divorce has been granted and a final order signed.
You may even receive a certified copy of your Divorce Decree. , If the Court informed you of the entry of a Divorce Decree, but did not send you a copy of it, you will need to go to the Clerk’s office and ask for a certified copy.
There may be a small fee for certification.
About the Author
Christopher Gibson
Professional writer focused on creating easy-to-follow creative arts tutorials.
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