Warning: The information and forms provided in this guide are not a substitute for the advice and assistance of a qualified lawyer.
These instructions outline the steps involved in a default divorce with minor children. Each step includes a link to the necessary form(s) for that particular step.
In this context, “default” means you have your spouse served with the initial divorce papers, and your spouse does not file an answer with the court. If your spouse is served and defaults (does not file an answer with the court), you can proceed with your divorce without their involvement.
These instructions are suitable if:
If there is already a final court order in place for the custody and support of your children (excluding a family violence protective order), please refer to this guide instead: “I need a divorce. We have minor children. A final custody and support order is already in place.“
If there is a family violence protective order involved, utilize the Legal Help Directory to find a legal professional who can provide guidance on your options. If you have been a victim of family violence, you may qualify for free legal assistance.
For printable versions of both the instructions and forms, please click here.
Step 1: Establish the appropriate jurisdiction for filing your divorce.
Ensuring you file for divorce in the correct county is crucial. If you file in the wrong county, your case may be dismissed.
You have two options for filing:
If neither you nor your spouse meet these residency requirements, it’s advisable to consult with a lawyer.
For further details, refer to the Frequently Asked Questions (FAQs) on FAQs: Filing a Divorce with Children.
Step 2: Complete the initial paperwork.
Step 3: Submit your completed initial paperwork.
Step 4: Arrange for your spouse to be served with the necessary documents.
Step 5: Inform the relevant authorities, such as the Office of the Attorney General, if required. Answer or Waiver of Service document.
Step 6: Complete the Final Decree of Divorce and any other concluding paperwork.
Step 7: Seek a review of the Final Decree of Divorce form, if available.
Step 8: Adhere to the necessary waiting periods.
Adhere to the waiting periods applicable to your case:
Note: You can opt to wait longer than 60 days, but your divorce cannot be finalized in fewer than 60 days unless one of these exceptions applies.
Step 9: Find out if your divorce can be completed through default.
Step 10: Prepare for your court appearance.
Step 11: Attend the court proceedings to finalize your divorce.
Step 12: Submit the signed Final Decree of Divorce to the appropriate authority.
Step 13: Following the completion of your divorce.
Source URL: https://www.bryanfagan.com/i-need-a-divorce-we-have-children-under-18/