How Do I File For An Uncontested Divorce?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

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?

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.