Divorce Without Minor Children
You are strongly encouraged to use the
Guide and File Program
to complete the forms required to start a divorce proceeding. Guide and File will ask a series of questions that will be used to populate
the required forms correctly. You will then print and file those forms with the appropriate court.
General Information
If you are representing yourself, you can first review
Available Resources. You should also review
"General Instructions for Self-Represented Divorce Without Children" and
"General Definitions".
This will provide a great step to get you started.
Fees
You can review
"Schedule of Court Costs" to see how much it will cost to complete your divorce action. If you wish to make a request
to the Court that you not be charged for the filing or service fees to complete your divorce, you will need to fill out and file
UJS 022 – Instructions for Motion & Order Order Waiving Filing & Services Fees.. You will also need to have your
UJS 023 – Instructions for Financial Affidavit & Form completed in order to explain your financial situation and request the waiver. You will bring these
forms to the clerk of courts when you file for divorce.
Starting a Divorce
First, complete the "Case Filing Statement" either in
Word or
Word form. For divorce, select "Divorce"
under the Family section on the first page. Next, select Plaintiff/Petitioner under the Family section on the second page. Also complete
your personal information. As will all documents, complete in black ink or type and be sure to read and follow all instructions.
Next, complete the
"Summons".
This will inform the other party you are filing for divorce and require them to file an answer. This form also contains a Temporary
Restraining Order which you and your spouse will be bound by. Ensure you understand all your listed rights and duties.
The
"Complaint" is also required.
It tells your spouse and the court what you are asking for and why. This form must be signed in the presence of a notary or clerk of court.
Be sure you bring proper identification when you present this form.
Each party completes a separate
UJS 023 – Instructions for Financial Affidavit & Form
which explains the financial situation of each party. Make sure you enter the values current as of the day you complete the affidavit. This form
must also be signed in the presence of a notary or clerk of court. Be sure you bring proper identification when you present this form.
File the Completed Paperwork
Once you have completed all the forms listed above, make two copies of the documents. One will be for your records and one will be to serve on your
spouse. Take the originals to the clerk of courts and tell them you intend to file for divorce. You will need to pay the filing fee at that time, or
your case may end up being dismissed. If you completed the fee waiver paperwork, provide it to the clerk with the rest of your paperwork.
Arrange for Service on the Defendant
In order to start your divorce, the Defendant (your spouse) must be served with copies of the Summons and Complaint that you filed with the clerk
of courts. You can also include copies of your financial affidavit, a blank copy of the
UJS 023 – Instructions for Financial Affidavit & Form, a blank
copy of the
"Instructions and Answer", and the
"Checklist for Self-Represented Divorce".
You will also need to include an Admission of Service document. The
"Instructions for Service of Summons and Complaint" explains how to serve the defendant. The Admission of Service form must be signed in the
presence of a notary or clerk of court. Be sure you bring proper identification when you present this form.
- Hand Delivered: complete
"Admission of Service of Summons and Complaint"
- Mailed: complete
"Notice and Admission of Service of Summons and Complaint"
- Sheriff's Office Delivery: does not require a form, but will require a fee for service
Responding to the Complaint
After the defendant receives notice of the beginning of the divorce action, the defendant completes the appropriate form to acknowledge they received notice.
Defendants can use the
"Instructions for Service of Summons and Complaint" for instructions on properly filling out forms.
- Hand Delivered: defendant completes
"Admission of Service of Summons and Complaint" as well as the "Financial Affidavit"
- Mailed: defendant completes
"Notice and Admission of Service of Summons and Complaint" This form must also be signed in the presence of a notary or clerk of court. Be sure
you bring proper identification when you present this form.
Filing an Answer
After the defendant admits to service, the defendant must complete the following documents:
- Answer and Affidavit of Mailing Answer
- Case Filing Statement
- UJS 023 – Instructions for Financial Affidavit & Form
The Answer is a written response to the Complaint. It must be filed with the clerk of courts and served on the Plaintiff (person who filed the divorce action) within 30 days
after receiving the Summons. A filing fee of $25 is also required to be paid. If you cannot afford the $25 fee, you must complete and file an
"Application for Waiver of $25
filing fee for an Answer or Responsive Pleading." A
The defendant must also complete and file the Case Filing Statement. If the defendant does not file an Answer, the court may grant the divorce as requested in the Complaint
by entering a Default Judgment and Decree of Divorce. The Answer form must be signed in the presence of a notary or clerk of court. Be sure you bring proper identification
when you present these forms.
Divorce Proceedings
There are three main ways the divorce proceeding will go. It can be a stipulated divorce, a contested divorce, or a default divorce.
- A stipulated divorce is when both parties agree on the terms of their divorce. If both parties agree to the divorce, they
must complete and file a
"Stipulation and Settlement Agreement Without Minor Children" and
"Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce."
Access more instructions about a stipulated divorce.
After the forms are completed, a hearing will be scheduled. Both parties must attend. Each will complete the
"Judgment and Decree of Divorce" and bring it to the hearing. If the Judge signs the form, the clerk of court will complete the
"Notice of Entry of Judgment and Decree of Divorce".
- A contested divorce is when the parties cannot come to an agreement on the terms and conditions of the divorce, so the judge is asked
to make those determinations. This requires a hearing. Due to the complex nature of a contested divorce, forms are not provided by the
Unified Judicial System. Instead, parties are strongly encouraged to contact an attorney for assistance.
- A default divorce occurs when the defendant does not file an Answer or respond within 30 days of service and does not cooperate with the Stipulation
and Settlement Agreement. After waiting 60 days with no answer, the plaintiff can file the
"Affidavit for Default",
"Application for Judgment and Decree of Divorce & Notice of Hearing",
"Affidavit of Mailing", and
"Affidavit of Military Status."
After filing these with the court, a copy should be sent to the defendant via certified mail.
After the forms are completed, the Judge will schedule a hearing that you must attend. Take the
"Judgment and Decree of Divorce" to the hearing for consideration by the Judge. If the Judge signs it, the clerk will then take care of
the Notice of Entry.
Dismissing a Divorce
If at any time, prior to the Judge granting the divorce, the parties reconcile their differences and wish to dismiss the divorce action, they must complete
and file the
"Stipulation and Order for Dismissal Form".
If one person wants to dismiss, but cannot get a signature from the other party, they can file the
"Motion and Order for Dismissal."
Motions
If you want to file, or you receive, motions filed with the court; such as a motion for discovery, a motion to compel etc., there are forms that may be used when
necessary. You can either consult a lawyer or do research to determine if any motions should be filed. Either party can file motions with the court.
To file a motion, the necessary documents are:
These forms should all be filed with the court.
If you received a motion, complete the
Responding Affidavit" and
"Affidavit of Mailing". Send one copy to the other party and file one with the court.