By: | Did You Know? , Preparing for Divorce

Broken HeartStep 1: Index Number is purchased and Summons with Notice is filed. This starts the process.

Step 2: Spouse is served in person by a process server with a copy of the filed Summons with Notice, and other necessary documents (Affidavit of Defendant, Sworn Statement of Removal of Barriers to Religious Marriage, Child Support Standards Chart). Your spouse must be served within 120 days, or the summons will expire and you will have to re-file, requiring the repayment of filing fees.

Step 3: Assuming there is no response from your spouse (“Notice of Appearance”), you will sign the Verified Complaint and other documents and the “final” uncontested divorce papers can be filed with the court no sooner than 41 days after your spouse was served (the mandatory waiting period in default cases).

Step 4: About 8-10 weeks after the final papers are filed at the courthouse, the judge will sign your papers to finalize your divorce.

Step 5: Within 1-2 weeks of the signing, you will be notified by postcard that the judgment of divorce has been signed and is available to be picked up from the County Clerk. You are required to give a copy of the divorce judgment to your spouse, and proof of service by mail of the judgment of divorce has to be filed with the court.