In the case of no-fault divorce, both spouses agree to end the marriage. Filing for a simple, or uncontested divorce, is a fast, inexpensive way to get a divorce as long as there are no disagreements between the parties. State laws vary, but in most cases, if there is no mandated waiting period, an uncontested divorce can be finalized within a couple of months. Although states have different requirements, there are basic steps of divorce common among all.
Step 1
Meet with an attorney. If you are seeking an uncontested divorce, the same attorney cannot represent you and your spouse. Typically, when couples use only one attorney, the attorney represents the plaintiff, or the spouse asking for divorce. Even in an amiable divorce, one spouse must be the plaintiff. Should you decide to do the divorce yourself without the aid of an attorney, Brette Sember, author and retired matrimonial attorney, recommends visiting the court website for your state. Look for pro se information that describes the steps required for the divorce process.
Step 2
File for legal separation if your state requires it. In some states, couples must be separated first or live apart for a specified time before a divorce can be granted. If this is the case, a written separation agreement addresses the same issues as a divorce agreement.
Step 3
Negotiate a marital settlement agreement. Your attorney can explain your rights and offer advice. State your name and that of your spouse in the divorce petition, as well as the names and ages of any children and where they currently reside. The petition summarizes the negotiated issues.
Step 4
Sign the documents once all issues have been resolved and outlined in the settlement papers. The marital settlement agreement specifically addresses matters relating to the division of assets and other marital property, repayment of debts incurred during the marriage, alimony, and child support, custody and visitation. All legal documents must be witnessed and signed in the presence of a notary public.
Step 5
File the Petition for Divorce with the County Clerk’s office in the county that will have jurisdiction over your divorce. Pay the required court costs and filing fees, which can range between $50 and $350 on average depending on the county. Some states also require that the plaintiff file a separate financial disclosure form describing all marital property and debts, in addition to individual income and assets.
Step 6
Serve your spouse the divorce papers through the mail or by having another person physically serve them. In most states, the plaintiff is prohibited from personally serving the other spouse with the Petition for Divorce, which sets out the facts. The Summons is a second document served which announces that a divorce action is being initiated. The Summons is actually a court order requiring the other party to answer the complaint.
