What is the process for an uncontested divorce?

In an uncontested divorce, one party files the complaint. The other party files a consent answer. In addition to the court forms, the marital separation agreement, signed by both parties, should be included.

The separation agreement details how the parties will divide their assets and debts and resolve issues relating to custody and support of the children and spousal support (alimony).  If the agreement is included, and the judge agrees to include it in the divorce order, it will become part of the order and can be enforced through contempt orders in the family court. 

After the filing is submitted to the court, you usually receive notice of a scheduled hearing within a few weeks.  The hearing is typically brief.  While the defendant is not required to be there, if they wish to have their name changed, it is recommended they attend.  After the judge grants the divorce, you receive the divorce order.  Your divorce is final 30 days after the date the divorce order is stamped by the court. The process for an uncontested divorce is often quicker than a contested divorce.