It is After All Simple to Get a Simple Divorce
By: tyler richardson | Posted: 07th January 2010
If a divorce is uncontested it is called a simple divorce. A divorce is contested when the couple cannot agree on issues like dividing the property, support and maintenance of children etc. In the same way, you put in the divorce papers and the other party decides to contest the same, then it is not counted as simple divorce. This article is meant to convey the proper procedure for initiating a simple divorce.
As a first step it is necessary to complete a few forms like Form 8A which is application for divorce, Registration of Divorce Proceeding Form and Form 6B, the Affidavit of Service. If at any time in the past, you had some case in a family court, it is necessary to fill in the Form E, A Summary of Court Cases. You also need to come to a decision as to where to file the case. Generally, the papers are filed at a court that lies within your municipality of domicile.
Once these forms are filled, prepare two copies of the divorce application and attachments if any. You can keep a copy for your personal file and get the second copy served on your spouse. Then file the original copy of your marriage certificate along with the original application with the court. When this is over, the concerned court official will accord a file number for your particular case. This will make the court to fix its seal on your simple divorce application form after collecting the stipulated fee.
As soon as your application is filed at court, you should make arrangements to provide your spouse with a copy of the application along with attachments if any. You must hand the documents to your spouse personally or to his/her attorney or mail it, using an Acknowledgement Card. Once this is done, you ought to fill in the Form 6B, Affidavit of Service and file the same with the court staff. This is to give the respondent an opportunity to oppose the divorce if he/she feels like it. If within thirty days of serving the papers the respondent does not answer it, you can go along and put in an application to the court for an Order of Divorce.
Even after 30 days there is no response from the respondent, complete the following forms: Form 36, Affidavit of Divorce and 25 A of Divorce Order. After this, you are required to make a copy of the duly filled in Form 36 together with any accompanying attachments and four copies of Divorce Order. Once copy each of the forms is yours to take for your personal file and the rest 3 copies is to be filed at the court along with the needed fees.
Now the completed file is passed on to the judge for reviewable. If the judge is satisfied with the material he/she will issue a Divorce Order. Then the court will send a copy of the order duly signed is sent to the defendant and respondent. To get the Certificate of Divorce, you have to request the court for the same by paying a fee. After ensuring that no appeal is filed against the order, a simple divorce certificate will be issued.About the Author
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Tags: mail, respondent, attachments, thirty days, marriage, marriage certificate, court cases, municipality, divorce papers, domicile