Divorce proceedings, often an emotional experience, usually pit husband against wife or vice versa. In a contested divorce the courtroom becomes a battleground where litigants fight over property, financial assets and possibly custody of their children. This can all be avoided though if you and your spouse agree to a no-contest divorce. Uncontested divorces do not require a lawyer, though you may hire one to complete the paperwork, and are usually simple and inexpensive.
Step 1
Prepare a comprehensive separation agreement with your spouse. Discuss how to separate the material belongings as well as who gets to keep the marital home. Also discuss how any financial assets, savings accounts and retirement savings, and financial liabilities, credit card debt and other loans will be divided.
If you have children, create a parenting plan together that specifies whether you will share joint custody of the children or one parent will have primary custody. Determine where will the children live and who will provide them with medical insurance. If one parent will pay child support to the other, set an amount.
Step 2
Visit the office of your local county clerk. Explain that you and your spouse have created a separation agreement and wish to file your own divorce documents. The clerk will direct you to the correct paperwork that you must complete and return for a no-contest divorce.
Step 3
Complete the relevant divorce documents, review the documents for any inaccuracies, sign them, have them notarized and return them to your local county clerk's office. Divorce documents must be notarized by a person licensed by the state to witness official signatures. In a no-contest divorce, the petitioner and the respondent often sign the paperwork at the same time using the same notary.
Step 4
Pay the filing fee and request a court date. If you cannot afford the filing fee, petition the court to waive it. The court will then review your request and either accept or deny it. When the court date arrives, you and your spouse will come before the judge and discuss your separation agreement. If the judge approves your agreement, he will grant the divorce and all of your documentation will be filed on record at the county clerk's office.
