Technically, there are generally two different divorce procedures. However, in practice, the procedures can be broken down into three. They are consent divorce, uncontested divorce, and contested divorce.
CONSENT DIVORCE
A consent divorce is when you and your spouse both agree to the divorce and can work out the matters of property division, maintenance, child custody, and support. This may be referred to by other names, such as simplified divorce, but it is not available in all states. Check with your court clerk to find out if there is a special consent divorce procedure in your state. In this situation, getting a divorce is merely a matter of filing certain forms with the court and getting the judge to approve your agreement. If special consent procedures are not available in your state, you can get the same result with an uncontested divorce procedure.
UNCONTESTED DIVORCE
The uncontested procedure is mainly used in the following situations:
a) if you and your spouse are in agreement (or can reach an agreement);
b) if your spouse fails to respond to the petition or complaint; or,
c) if you cannot locate your spouse.
If you reach an agreement, you will file a copy of the agreement with the clerk. Your spouse may also need to file an answer or response, which is a written response to the petition or complaint. In this case, your spouse’s answer would say that he or she agrees with your petition or complaint.
If your spouse does not respond to your petition or complaint, or cannot be found, you can continue to the final hearing and get a divorce by default. In most states you will still need to testify and present your proof. Very few states will grant a divorce without any testimony or proof.
CONTESTED DIVORCE
The contested procedure will be necessary if you and your spouse are arguing over some matter and cannot resolve it. This may be the result of disagreement over custody of the children, the payment of child support or maintenance, the division of your property, or any combination of these items.
