Requirements for Filing an Uncontested (Waiver) Divorce


 
 

3-Petitions
3-Entry of Appearance and Waiver
3-Decrees of Divorce

These forms may be obtained from an attorney.
Waivers must have been signed and acknowledged and filed at least one (1) day after filing the petition.

 
 
FEES

Paternity is $135.70; $140.70 Fee with Summons, plus service
Foreign Judgment $135.70
Divorce with minor children $193.70; $198.70 with Summons, plus service
Divorce without minor children $193.70 and $198.70 with Summons, plus service


The following may assist in divorce proceedings

Title 43 State Statute 107.1
In divorces where minor children are involved, the court shall not issue a final order for at least ninety (90) days after the case is filed.

Title 12 State Statute 2004
Service by publication shall not be less than 41 days from the first day of publication.

Court Rule 27
No divorce, separate maintenance or annulment case shall be heard unless the petition has been on file for at least ten (10) days in cases where no child is involved. The waiver must have been signed and acknowledged and filed at least one (1) day after filing of petition.

Court Appearance Instructions for Waiver and Consent Divorce
After the statutory time has elapsed, go to the Court Clerk's Office, Room 409, on the day you want the judge to sign the divorce decree. Be here between 12:15 and 12:45 P.M. to request your file be sent over to the judge's chambers. All waiver and consent divorces will be heard Monday, Wednesday and Thursday at 1:30 P.M. The judge's clerk will call your case in court.

 
 
***For more information contact the Domestic Department at 405-713-1737***