The spouse filing for divorce must fill out one (1) of the filing packets available above. The filer should review the court rules for their county to determine how many copies of each form are needed and whether any supplementary paperwork is required. To be certain that the documents have been filled out correctly, the filer can review the applicable instructional guide below.

• Uncontested Divorce with No Children – Instructions
• Uncontested Divorce With Children – Instructions

Note: The Settlement Agreement and Decree of Dissolution of Marriage must not be signed until prompted in the instructions below. In addition, the Verified Waiver of Final Hearing won’t be used until at least sixty (60) days have passed from the initial filing date of the divorce documents.

If the spouses are the parents of a minor child, a Child Support Obligation Worksheet must be filled out and included with the divorce documents. Furthermore, an Income Withholding Order will be sent to the employer of the spouse paying child support. Depending on the rules of the court, the Income Withholding Order may need to be included with the filing packet and signed by the judge handling the divorce case.

The paperwork must be filed with a court clerk in the county where one (1) spouse has lived for at least three (3) months. The filer must also provide the clerk with two (2) stamped and addressed envelopes: one (1) with their address and one (1) with the other spouse’s address. A filing fee will be charged at this time. After submitting the paperwork and paying the fee, the clerk will stamp the documents and return them to the filer.

• The filer can request a provisional hearing before a judge. At the hearing, either spouse can ask the judge to issue an order setting forth the rights and responsibilities of each party while the divorce case is pending. To request a provisional hearing, the filer must select the applicable option in the Verified Petition for Dissolution of Marriage.

One (1) set of the stamped documents must be served on the other spouse’s attorney or directly to the other spouse if they are representing themselves. The paperwork can be served by certified mail, a private process server, or the sheriff’s office. Note that a small service fee will be charged to the filer.

Each spouse will need to prepare a financial disclosure that lists their assets, sources of income, and debts. It is imperative that the disclosure be as comprehensive and accurate as possible. If one spouse attempts to withhold income or assets from the other, the withholding party may face legal ramifications ranging from monetary damages to imprisonment. After preparing the disclosure, it should be delivered to the other spouse for review.

The couple can begin negotiating the terms of their divorce to establish alimony (spousal maintenance), child support, child custody, and property division. If the parties cannot come to a mutual agreement, they should consider hiring a private mediator to help them reach an amicable solution. Once the negotiations are complete, the spouses can state the agreement terms in the Marital Settlement Agreement.

Regardless of when the couple finalizes their marital settlement agreement, the divorce won’t be official until at least sixty (60) days have passed since the initial divorce documents were submitted. After sixty (60) days, the parties must fill out the Verified Waiver of Final Hearing. This form will notify the court that the couple has settled the divorce terms and wish to waive their right to a final hearing. Once signed, the waiver must be submitted to a court clerk.

After the parties have agreed to the divorce terms and have waited sixty (60) days, the judge handling the case will fill out the Settlement Agreement and Decree of Dissolution of Marriage. This document includes the conditions set forth in the Marital Settlement Agreement as well as any terms imposed upon the couple by the judge. The divorce will then be final, and the parties will be bound to the conditions stated in the Decree. Lastly, the couple must sign the Decree in the presence of a notary public.

If a spouse has requested to change their last name during the divorce case, the change will be official once the Decree has been issued. The spouse can then request a certified copy of the Decree from a court clerk, which will serve as evidence of the name change. More information on the name change process can be accessed here.