It is After All Simple to Get a Simple Divorce Written on January 12, 2010, by Dawson Quintin.
A simple divorce is an uncontested divorce. In case you disagree with your spouse on issues like division of property, support and maintenance of children etc, then you have a contested divorce. If you file for divorce and the spouse contests the same, it is not a simple divorce. The aim of this article is to describe the procedure for filing a simple divorce application.
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.
After filling in all these forms, make 2 copies of the application together with any attachments. Keep one for your personal records and the serve the second copy on your spouse. Then you need to file the application in original with your marriage certificate at the court. Once this is done, the court will assign a file number for your case. Then court affixes its seal on your application for a simple divorce after you pay the prescribed fee.
After you have filed your divorce papers with the court, you should take the necessary steps to serve your spouse with a copy of the application for divorce and attachments if any. You can serve them in person, make it available to your spouse’s lawyer or just them by mail together with an acknowledgement card. The next step is to fill in the Form 6B that pertains to the Affidavit of Service and submit it at the court. This is done so that the respondent has an opportunity to oppose the same if he/she wishes to do so. If there is no response even after thirty days of receiving it, you apply 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.
Then the completed file is handed to the concerned judge for review. Once the judge finds the material satisfactory a Divorce Order will be granted. This order duly signed by the court office will be sent to you and the respondent, one copy each. As a final step, you are required to request for the Certificate of Divorce along with a fee. Then the court checks the file to make sure that there is no appeal against the Divorce Order. If all is clear, the court will issue a certificate for a simple divorce.
Find out more about how to get a simple divorce.
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