PACKET B
UNCONTESTED DIVORCE WITHOUT CHILDREN
(Petition - Detailed)
This packet is for
people with no children and complex property or debt issues.
You may use these forms if they fit your case. There are many
other forms that you could use or that a lawyer might suggest that
you use. You are not required to use these particular forms.
Use these forms
to file for divorce if:
You and your spouse
- DO NOT have children, under age 18, from this marriage; AND
- OWN a house, mobile home, lot, car, truck or other vehicle
together or have a retirement or pension plan; OR
- Wish to provide alimony (spousal support) to one of you; AND
- Have NOT filed any other papers in this case; AND
- AGREE on how you are going to divide all the property
and debt from your marriage, AND
- Are BOTH willing to sign these forms.
How
to Get Help
When you file court
papers or appear in court as a self-represented person, you are
your own LAWYER.
GET THE HELP YOU NEED BEFORE YOU SUBMIT THESE FORMS.
A LAWYER specializing in divorce matters is the BEST person
to answer your questions. You may hire a lawyer to answer your specific
questions OR hire a lawyer to represent you through the process.
One lawyer may represent only ONE of you. It is a conflict for one
lawyer to represent both of you in a divorce.
COURT CLERKS are not lawyers and CANNOT give you advice
about how to fill out the forms or advice about issues that are
not covered in the forms. They CAN give you information about how
to file these forms with the Court.
THE JUDGE decides the issues in your case, but cannot represent
either one of you. The judge cannot and will not give you advice
about how to fill out these forms.
GENERAL INSTRUCTIONS. The Court has prepared general instructions
on each of the forms that you need to complete.
FILING INSTRUCTIONS. The Court has prepared a court information
sheet with filing instructions to help you file the forms with the
Court.
SEE A LAWYER WITH QUESTIONS YOU MAY HAVE.
COURT STAFF CANNOT TELL YOU HOW TO FILL OUT THESE FORMS.
FORMS
There are 5 forms
in this packet: 4 required forms and 1 optional form.
| Required Forms (4) |
|
1. Domestic Relations Information Sheet
This is general information
about you and your case. |
1 Page |
2. Petition for Dissolution of Marriage
In this form you ask the judge
for a divorce. |
2 Pages |
3. Verified Marital Settlement Agreement
In this form you describe
and divide your property and debt. |
4 Pages |
4. Final Decree of Dissolution of Marriage
In this form the Judge grants
the divorce |
2 Pages |
| Optional Form (1) |
|
5. Application and Order for Free Process
Use this form if you cannot
afford to pay the filing fee. |
1 Page |
GENERAL INSTRUCTIONS
- Fill out the required forms and the optional form, if the optional
form applies to you.
- You must type or print all of the information on the
forms that you fill out. If there is not enough room for your
answer on the form, write your answer on a separate page and staple
the page to the form.
- After you have filled out the Petition for Dissolution of
Marriage, Verified Marital Settlement Agreement and
the Final Decree of Dissolution of Marriage you and your
wife/husband must sign both the Petition for
Dissolution of Marriage, Verified Marital Settlement Agreement
before a notary. You are swearing, under oath and penalty
of perjury, that the information in the forms is true and correct.
You must also sign the Final Decree of Dissolution of
Marriage. Make sure that the information IS true and correct.
- After you have filled out and signed the forms you must file
them with the Court Clerk. When you are ready to file your
forms you should bring:
| Domestic Relations Information
Sheet |
original and 2 copies |
| Application and Order
for Free Process |
original and 2 copies |
| Petition for Dissolution
of Marriag |
original and 2 copies |
| Verified Marital Settlement
Agreement |
original and 2 copies |
| Final Decree of Dissolution
of Marriage Decree |
original and 2 copies |
| The filing fee, $137.00,
in cash or money order, unless the Court has waived
the filing fee in your case. |
cash or money order |
THESE FORMS DO NOT TRANSFER (CHANGE) LEGAL TITLE TO:
- PROPERTY (such as land, a house or a lot). Typically
you need to prepare, sign and record a deed in the real property
records where the property is located.
- CARS, TRUCKS, OR OTHER VEHICLES. Typically you need to
change the title at the department of motor vehicles.
A LAWYER specializing in divorce matters is the BEST person
to answer your questions on how to transfer these kinds of property.
To transfer title to property such as land, a house or a lot, you
may also contact your local county clerk’s office. To transfer title
to cars, trucks, or other vehicles contact your local motor vehicle
department. The phone numbers for the county clerk’s office and
the motor vehicle department are on the Court Information Sheet.
SEE A LAWYER IF YOU HAVE QUESTIONS.
Domestic Relations Information Sheet
You must both fill out the Domestic Relations Information Sheet
to start your case. The Domestic Relations Information Sheet
will not be filed in your court file and the public will not be
able to get your social security number from the Domestic Relations
Information Sheet.
- The Court Clerk will fill in the information in the “case number”
and “assigned judge” in spaces of the official use section.
- Even though your case is uncontested and you are filing together
one of you must be the Petitioner and the other must be the Respondent.
- Each of you must fill in:
- your name starting with your last name first
- your address
- date of birth, and
- social security number
- If you have more than one social security number, write in all
your social security numbers.
- Because you have no children, skip the section requesting information
about children. If you have minor children from this marriage
you are filling out the wrong packet.
- Read the Court Information Sheet for information about how
to file this form with the Court.
SEE A LAWYER IF YOU HAVE QUESTIONS.
Application and Order for Free Process
The Court uses this form to decide if you qualify for “free process.”
Free process means that you do not have to pay all or part of the
$137.00 filing fee. You may qualify for free process if you have
very little money and no property. If you think that you qualify
for free process fill out this form.
- Type or print your answers.
- You are the Petitioner if you are filling out this form. Your
wife/husband is the Respondent.
- The Court Clerk will fill in the case number.
- Stop after you sign your name. Do not fill in any information
after you sign your name.
- Read the Court Information Sheet for information about how to
file this form with the Court.
SEE A LAWYER IF YOU HAVE QUESTIONS.
Petition for Dissolution of Marriage
This is the form that tells the Court that you want a divorce and
that you have agreed on how you will divide all of your property
and debts.
- Type or print your answers.
- If you have filed an Application and Order for Free Process
copy the “Petitioner,” “Respondent” and case number from that
form onto this form.
- If you have not filed an Application and Order for Free Process
fill in the “Petitioner” and “Respondent” information. Even though
you are filing together, one of you will need to be the Petitioner
and the other will need to be the Respondent. The court clerk
will fill in the case number.
- When you have finished the Petition for Dissolution of Marriage
the Petitioner must sign the Petition for Dissolution of
Marriage in front of a notary. You are swearing, under oath
and penalty of perjury, that the information in the form is true
and correct. Make sure that the information IS true and correct.
- After the Petition for Dissolution of Marriage has been
signed and notarized make two copies of the Petition for Dissolution
of Marriage.
- Read the Court Information Sheet for information about
how to file this form with the Court.
SEE A LAWYER IF YOU HAVE QUESTIONS.
Verified Marital Settlement Agreement
- THIS IS THE MOST IMPORTANT FORM IN THIS PACKET.
- MAKE SURE IT IS COMPLETE AND CORRECT.
- WE RECOMMEND THAT YOU SEE A LAWYER TO MAKE SURE THIS
FORM IS FILLED OUT CORRECTLY.
This form describes
and explains all of your agreements about your divorce. ONCE THE
JUDGE SIGNS THE FINAL DECREE OF DISSOLUTION OF MARRIAGE FORM,
YOU ARE ORDERED BY THE COURT TO DO THE THINGS THAT YOU HAVE AGREED
TO DO IN THIS FORM.
- Type or print your answers.
- Copy the “Petitioner” “Respondent” and case number information
from the Petition for Dissolution of Marriage.
- Fill out all of the details of the agreement between the two
of you. Fill out Attachment A if you need more space or include
a separate sheet of paper.
- When you have finished the Verified Marital Settlement Agreement
both of you must sign the document in front of a notary.
You are swearing, under oath and penalty of perjury, that the
information in the form is true and correct. Make sure that
the information IS true and correct.
- When you have finished and signed the Verified Marital Settlement
Agreement, make two copies of the form.
- Read the Court Information Sheet for information about
how to file this form with the Court.
SEE A LAWYER IF YOU HAVE QUESTIONS.
Final Decree of Dissolution of Marriage
This is the form that grants you a divorce. ONCE THE JUDGE SIGNS
THIS FORM, YOU ARE ORDERED BY THE COURT TO DO THE THINGS THAT YOU
HAVE AGREED TO DO IN THE VERIFIED MARITAL SETTLEMENT AGREEMENT.
- Type or print your answers.
- Copy the “Petitioner” “Respondent” and case number information
from the Petition for Dissolution of Marriage.
- On page 2, Wife must indicate whether or not to change her name.
NOTE: Wife may want to get a certified copy of this form
in order to prove her name has been changed. A certified copy
is typically needed to change a social security card.
- On page 2, sign your name where it says Husband’s Name or Wife’s
Name. Do not sign your name on the line that says “DISTRICT COURT
JUDGE.” The District Court Judge will put his or her name on that
line. Make sure that the information IS true and correct.
- When you have finished and signed the Final Decree of Dissolution
of Marriage, make two copies of it.
- Read the Court Information Sheet for information about
how to file this form with the Court.
SEE A LAWYER IF YOU HAVE QUESTIONS.
This packet has been pre-approved by the Supreme Court for use
by self-represented litigants. Lawyers may use this packet but should
review the forms to determine their appropriateness in each case.