How Do I File For An Uncontested Divorce?

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My boyfriend has been separated from his wife for about 8 years (separate homes and counties). They have a 15-year-old son and he lives with my boyfriend. There was no custody agreement or child support. She sees the child when she wants to and there is no problem with their arrangement. Neither one owns anything. They both want an uncontested divorce. What steps do they need to take to do this?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

One party will have to file a petition to initiate the divorce process. Depending on your state’s family law code, the parties should be able draft a marital settlement agreement outlining the terms of their divorce. Once the agreement is finalized (meaning they both agree to the terms of the divorce), they will need to have an attorney review the marital settlement agreement (the two of them will each have to obtain separate attorneys) and if they agree to the terms and conditions of the agreement, they can finalize it (sign) and file it with the court with their entry for final judgment.

The parties should consult with local counsel for legal advice and guidance.

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Author: House Attorney