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Documents Needed For Uncontested Divorce

Uncontested Divorce Packet Forms

Divorce Court – Martina vs. Diameron: 30 Affairs – Season 14 Episode 94

This Divorce Packet May Not Be For You

1. Individuals who seek a divorce are often represented by an attorney. This packet is designed so that you may be able to represent yourself and complete your divorce without an attorney.

2. This packet is intended for use only by a person who believes that his or her divorce will be uncontested.

If you decide to use this packet and to represent yourself:

You will not have the benefit of an attorney’s expertise and advice concerning issues related to divorce proceedings, including, for example, division of marital property, liability for joint debts, child custody and support, spousal maintenance, insurance benefits, and orders of protection or enforcement of the provisions of the divorce judgment that deal with these issues.

You may risk losing certain rights stemming from the marital relationship that are not readily apparent to a person who is not an attorney.

Example: If your spouse is entitled to a pension at his or her job and if you do not seek your share of it in your divorce proceeding, you may lose your right to claim a share of it in the future.

Employees of the New York State Courts are not allowed to give legal advice, although they will certainly assist you with informational requests concerning the processing of papers.

Uncontested Divorce Forms

Proof The Documents Were Served

Whoever serves the documents will have to complete:

This form needs to be signed in front of a notary or a commissioner for taking affidavits. There is a fee of $21 for this service. If you need help finding a commissioner or notary to do this service, ask the court clerk for help.

Make sure you come to the commissioner with ID and the unsigned document.

Your ex doesnt need to sign anything.

Form 6B needs to be filed in your continuing record at the courthouse.

What Is An Uncontested Divorce

An uncontested divorce is a divorce where the couple has resolved all major issues, including:

  • Division of property
  • How debt will be divided

An uncontested divorce offers benefits to couples that contested divorces do not. In some states, if you agree to all the terms of your divorce, you may never have to step inside a courtroom. In other states, you still have to go to court, but the uncontested divorce procedure in most states is much quicker than in a contested divorce.

If there are some issues that still need to be resolved, it might be advisable to negotiate with your spouse. Besides being resolved quickly, uncontested divorces involve a minimum amount of stress because you and your spouse are in agreement. Additionally, you can often get divorced online without spending a lot on legal fees. If, however, there are complex issues that cannot be resolved, you will not be able to file an uncontested divorce.

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File And Serve Your Documents

Court registry services during COVID-19

This step is divided into three parts:

  • your completed Notice of Family Claim,
  • your completed Registration of Divorce Proceedings form,
  • your original marriage certificate or a certified true copy of your registration of marriage,
  • your translation into English and Affidavit of Translation, if needed,
  • your change of name certificate, if needed,
  • $10 to file your Registration of Divorce Proceedings form, and
  • $200 to file your Notice of Family Claim if you didn’t file your separation agreement.

If you already filed your separation agreement, filing your Notice of Family Claim is free because you already have an open family law case.

Minister of Finance

You can file your documents at any Supreme Court registry. You have to go back to the same court each time you need to deal with the court again, so it’s a good idea to choose one that’s close to where you live or work.

Fill Out The Final Decree Of Divorce Form And Other Ending Forms

Instructions Uncontested Divorce Packet (No Children)

You will then fill out and sign the Final Decree of Divorce form.

If there are children involved, this is also where you make sure to fill out the Standard Possession Order form.

You will also fill out the Austin form at this stage.

Make sure your spouse reviews and signs the completed Final Decree of Divorce form and returns it to you.

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How To File For An Uncontested Divorce In Massachusetts

Have you and your spouse decided that you want to get divorced? Do you want to work together to reach an agreement outside of divorce court? If so, DIVORCE AND FAMILY MEDIATION SERVICES, LLC, can help you file for an uncontested divorce in Massachusetts. Call 617-750-9709 or contact our Quincy or Hingham office.

Here Is How We Can Make It Easier For You To Complete Your Divorce Using Onlinedivorcecom:

  • We provide you with the full divorce packet that is required by your local court – no need to drive to your local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk’s office directly.
  • We complete the necessary forms for you based on the answers you give in a simple guided online interview – no need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give you the detailed and easy to follow step-by-step instructions for filing your divorce with the court – so you know exactly what to do to get your divorce finalized.
  • We provide unlimited technical support – if you need assistance through the online process you can always reach out to us via phone, email or live chat and we’ll do our best to help you.
  • We save time and money for our clients – if divorcing spouses are in agreement regarding the terms of their divorce, they donât have to pay thousands to a lawyer to handle their divorce forms and they don’t need to spend hours trying to do it all by themselves.

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© 2000-2022 OnlineDivorce.com LLCOnlineDivorce.com, All Rights Reserved

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Fill Out Your Affidavit

You won’t need to go to trial and give evidence to a judge. Instead, you write your evidence in affidavits. An affidavit is a form that you fill out and swear or affirm that the information in it is true.

You need to fill out:

Affidavit Desk Order Divorce

This sets out all the facts of your marriage and separation, and gives information about parenting time, if you have children.

If a photo was used when serving your Notice of Family Claim

If the person who served the Notice of Family Claim had to use a photograph, you can add a statement to your Affidavit Desk Order Divorce where you affirm that the photograph is a true likeness of the person who was served. At the end of the form, under 8. Additional Details, write the following statement:

“I have reviewed the Affidavit of Personal Service sworn by on and the photograph attached as Exhibit to the Affidavit of Personal Service is a true likeness of the respondent.”

Fill in the name of the person who served your Notice and the date the Affidavit of Personal Service was sworn. Then replace the Exhibit with the letter used on the photograph in the Affidavit of Personal Service .

Child Support Affidavit

This gives information about your children and child support, if you and the other person have children. Attach your separation agreement or court orders to this form as exhibits. Write a letter on each exhibit .

If your parenting arrangements have changed

Additional Starting Forms To File With The Petition If Applicable:

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Under Texas law, you are no longer required to file the Civil Case Information sheet, so you may not need this form. However, if you are filing your divorce documents in person the court administration may ask for it.

Or the Respondentâs Answer Form

Note: Since January 1, 2021, under Texas law, once your spouse either files the answer, waiver of service, or counter-petition with the court clerk in a divorce case, both sides have 30 days to make initial disclosures.

The initial disclosures involve the exchange of certain information and documents. Itâs recommended that both you and your spouse speak to an attorney, but it is not necessary. You may use this form.

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Other Family Court Documents

You can submit most other family court documents online, including to:

  • start or answer an application for things like child support, spousal support, or division of property
  • attend a family conference
  • make or respond to a motion
  • bring a motion to change a final court order or agreement for things like child support
  • register a domestic contract, such as a separation agreement, for support enforcement
  • file documents in a child protection case
  • request a fee waiver certificate

File Your Forms At The Registry

The staff at the registry’s divorce counter check to make sure your documents are complete. They take your payment and stamp the completed documents with the court seal, and put them in a file for your case.

The registry keeps the originals and gives the stamped copies back to you.

You now have an open Supreme Court family law case with a court file number. Put this number on the rest of the forms you’re preparing so the registry knows that you already have an open file.

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How Long Does It Take To Do Your Own Divorce

It’s possible to do your divorce in four to five months once you’ve settled all your issues. But there are wait times, and it might take longer if:

  • your Supreme Court registry is busy,
  • one person lives outside the court registry’s jurisdiction, or
  • your application is rejected and needs to be resubmitted.

How Long Will It Take

free divorce papers illinois hand

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. Youâll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once youâve gotten the documents complete, you will need to file them and get your spouseâs signature. Youâll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

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The Civil Cover Sheet

The Oklahoma court system has made this form available on its website. Click here and select the Civil Cover Sheet that is currently in effect. Fill this form out the best you can. This form asks for many details of information it is extremely unlikely that you will know all of the information that the form requests. Very few people are able to provide all the information. That is not a problem simply fill in the information that you do know, and leave the rest blank. Because hardly anyone ever fills in all of the information, the court clerk will accept the form if you leave some spaces blank.

Your Separation Agreement Or Court Order

You need your separation agreement or court order to show what you’ve agreed to or what the court has already ordered about parenting, child support, spousal support, and other family law issues.

If you haven’t already filed your agreement with the Supreme Court, do that now to open a family law case. For more information, see Step 2: File your agreement, if you have one.

To make a separation agreement, contact a family justice counsellor, mediator, or family lawyer for help. You can also use our step-by-step guide Write your own separation agreement.

For more help, see Making an agreement after you separate and Who can help you reach an agreement?

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How Much Does It Cost To Do Your Own Divorce

You’ll pay a few different court fees when you apply for a divorce:

  • The fee to open a family law case with the Supreme Court:
  • $30 if you’ve already filed a separation agreement with the Court , or
  • $200 if you don’t have a filed separation agreement and the Notice of Family Claim is the first court document you’re filing.
  • $10 to file the Registration of Divorce Proceedings form.
  • $80 to make the final application.

You might also have to pay for:

  • making photocopies of your documents,
  • having your affidavits sworn. It costs around $40 to have this done at the court registry, but places offering notary services might charge different prices,
  • getting a certified copy of your original marriage certificate or registration of marriage. In BC, this costs $27,
  • having your marriage certificate translated into English and getting an Affidavit of Translation, if needed,
  • hiring a process server to serve your documents on the other person, if you choose to hire a professional, and
  • ordering a Certificate of Divorce , if you want one. This costs $40.

Property Distribution In Ontario

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When a couple chooses to divorce in Ontario, they must distribute property in a fair and agreeable manner.

Property and debt division are governed by provincial or territorial law. These laws vary, but generally, recognize that property obtained during the marriage is shared and there is some mechanism in place for dividing it.

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Who This Guide Is For

This guide is for someone who wants to make a sole application for a simple, uncontested divorce. This means you and your spouse both agree on all your family law issues and only need to apply for a divorce order. Only you will file for divorce. The other person doesn’t have to file anything in a sole uncontested divorce.

Use this guide if all the following statements are true:

  • You want to file for divorce in BC.
  • You and the other person agree about getting a divorce.
  • You already have written agreements or orders for:
  • spousal support, and
  • how to divide your property and debt.
  • One of you has lived in BC for at least one year right before you start your divorce and is living in BC when you start the divorce proceeding.
  • You’ve been separated for at least one year.
  • You’re not applying for divorce on the grounds of cruelty or adultery.
  • Massachusetts Probate And Family Court Website

    • Joint Petition for Divorce
    • Joint Affidavit of Irretrievable Breakdown
    • Affidavit of Care and Custody
    • Certificate of Absolute/ Annulment or Rule 408
    • Financial Forms for those making under $75,000 or Financial Forms for those making $75,000 and over . Each party must submit their own financial statement
    • Child support guidelines, if you have children
    • A money order made payable to the court of filing for $215
    • A certified copy of your marriage certificate from a city or town

    There could be other forms depending on your particular situation.

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    How To Get An Uncontested Divorce

    If you and your spouse agree on the terms of a divorce, then you may be able to get an uncontested divorce. In most states, these are faster and cheaper than a regular divorce. Find out how to get started with your divorce.

    When it comes to getting a divorce, there are several terms and procedures that could be confusing if youre not familiar with them. These include uncontested divorce, contested divorce, and no-fault divorce. They each mean something completely different. Your situation will determine which procedure youre more likely to use.

    Response Form: Responding To Divorce Papers

    Affidavit of Plantiff (For Uncontested Civil Union Divorce)

    The respondent can respond to the divorce papers. As the respondent, you complete the Response Form, also called an Answer to Divorce, which outlines what you agree and disagree with in the petitioners complaint. You make your case for why the petitioner shouldnt get everything asked for in the complaint and why you feel you are entitled to something different.

    The Response Form must usually be completed and filed with the courts clerk within 21 to 30 days of being served. Here is an example of this form from Texas. If you are served with divorce papers and do not respond, the case continues as an uncontested divorce without your input.

    Read Also: Mutual Consent Divorce Lawyer Fees

    What If This Guide Isn’t For You

    If you don’t agree about your family law issues

    If you and the other person don’t agree about your family law issues, your divorce is contested. The contested divorce process is more complicated. You can’t use this guide to get a contested divorce.

    Read Contested divorce for more information.

    If you don’t have a separation agreement or court orders

    Make sure you:

    Once you’ve completed a separation agreement or applied for court orders, you can start to use this guide for your divorce.

    There are people who can help you reach an agreement. If you and your spouse both agree, you can use our step-by-step guides to get court orders.

    If you haven’t settled some of your issues, you can ask the judge to make orders about parenting, support, or property when you fill out your Notice of Family Claim in Step 3. But you and the other person must both agree on what you want the judge to order. If you have children, the judge must be satisfied that you’ve made reasonable arrangements for parenting and child support. If not, you might have to go though the court process. Talk to a family lawyer before going to court.

    If you haven’t been separated for at least one year

    If you haven’t been separated for a year, you can complete Steps 1 to 4 of this guide. You have to wait until you’ve been separated for a year before you complete Step 5.

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