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Step 1:
You begin your divorce by preparing the Summoms and Complaint form, the complaint for divorce form. You need
to also fill out the verified Statement form as well as the Uniform Child Custody Jurisdiction Act Affidavit for the Friend
of the Court.
The purpose of the summons is to notify the defendant that you have filed a divorce complaint, and that
he/she may respond to it. NOTICE: on the Uniform Child Custody Jurisdiction Act Affidavit, it must be signed also by a notary
public prior to filing these papers. (you can find one at any banks, or the court house itself) Once these 4 papers are completed
you must make copies. You will need 5 copies of the summons and complaint (including original), 4 copies of the Complaint
for divorce, 3 Copies of the Verified Statement, and 3 copies of the uniform Child Custody Paper.
Now your ready, once
signed by a notary, you may now go to the County clerk and file. Just hand them all the copies, and state you want to file
for a divorce. She will stamp them all and hand you two copies back of each paper. One for you, One for you to send to the
defendant. You will have to pay some money at this time. ( see costs )
Once done, you must serve your ex as fast as
possible. Only on a weekday is prefered. Easy way to serve is to use a friend that is not related to neither of you. They
will hand a "proof of service form" along with his copies of each of the 4 papers you filed, and he/she (the defendant)
will sign the bottom stating he recieved all 4 of these papers. ( you will need to write in the papers served).
After
this is done, you have your friend, (the server) take this paper to a notary and sign it in front of them, also getting the
paper signed by the notary public. Then you again, take this paper up to the court house writing your case number on top of
each paper filed from now on, and they will submit it.
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Step 2:
You have now filed for divorce and given notice of it by service. After 21 days that you turned in your PROOF
OF SERVICE form to the clerk, you are now ready to file your default. Default is filed when the defendant has not filed a
response, which if you two agree or its uncontested, he/she wont. It will go faster if he/she don't.
So now you fill
out the "default" paper and take that and 3 copies after they have each been signed once again by a notary, to the
county clerk's office. When you go there you need to state that you want to file for a default. They should again return two
copies after stamped to you.
Once again one is yours, one belongs to your ex. After your given these back ask the clerk
orally to schedual a final hearing for your case. They will do this right then, or mail you a hearing date. You can not serve
the defendant the papers you will need to until you get a hearing date.
Once you leave the clerks office you need to
fill out the "Notice of Entry of Default and Request for Default Judgment of Divorce" paper. This should be sent
to the defendant along with the "Default" you filed NO LATER THAN 7 DAYS BEFORE YOUR FINAL HEARING. It should be
served as soon as you get a final hearing date.
This time service is rather easy, you may send these two papers via
first class mail. Make sure you put the proof of mailing date on the bottom of the of the "Notice Of Entry Of Default"
form. It is also good to fill out a "Proof of Mailing form" to turn in to the clerk also.
After this is mailed,
make two copies, plus the original, of the Notice of Entry of Default paper and 1 copy of the proof of mailing form and take
these to the clerk. You again will get one copy back of each for you to keep.
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Step 3:
It is posible a Friend of the Court questionnaire, Case Conference form or other case management documents may
be filed during this time. The Friend of the Court will contact you and assist you.
Now its time to prepare for the final
hearing. You will need to fill out and make 3 copies of the "Judgment of Divorce" form and the "Income Withholding
Order". You will have knowledge of the Income withholding order from the friend of the court at this time. When you attend
the final hearing you must pay the remainder of the Friend of the court fee, and the remaider of the court fees. After the
hearing if no problems. You are DIVORCED!! Never the less, your not done yet, you must take the Original of the Judgment of
Divorce along with the three copies, the Income Witholding Order (original and 3 copies), and the Record of Divorce or Annulment
form, (All these will be signed by the judge), to the clerks office.
After this is done, and you recieve your two copies
back, you take the one extra copy of each and send it to the defendant. Again, turn in a proof of mailing form after this
is completed to the clerk.
Thats it, your done. HAVE A GREAT LIFE! : )
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