By: | Did You Know? , Preparing for Divorce

Signing PaperworkIf your case is uncontested, then your case should proceed generally as follows:

Step 1: Index Number is purchased and Summons with Notice is filed. This starts the process of obtaining a divorce.

Step 2: Spouse is given a copy of the filed Summons with Notice, and other necessary documents (Stipulation of Settlement, Affidavit of Defendant, Sworn Statement of Removal of Barriers to Religious Marriage, Child Support Standards Chart).

Step 3: Your spouse must sign within 120 days, or the summons will expire. You will have to re-file, requiring payment of court filing fees again.

Step 4: After your spouse signs the Defendant’s Affidavit before a notary public, you will sign the Verified Complaint and other documents and the “final” uncontested divorce papers can be filed with the court. (There is no mandatory waiting period here because it is waived in the Defendant’s Affidavit.)

Step 5: About 8-10 weeks after the final papers are filed at the courthouse, the judge will sign your papers to finalize your divorce.

Step 6: 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.