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Uncontested

When the parties agree about all issues in a case, they may file Uncontested Complaints for Divorce or Custody. This means they file the paperwork together, both signing the complaint and any agreements that go with it.

Question: How do you get a divorce uncontested or anulled? A friend of mine is interested in getting an annulment or a uncontested divorce. Her husband is in jail. Does this make it harder to do this?

Answer: Annulment is separate from a divorce, and requires different things to qualify, and depends on the law of your state. In an uncontested divorce, both sides sign the papers, and usually neither side is served with papers. But this is likely to be easiest to do as contested divorce. Judges are very unlikely to sign paperwork to get someone out of prison to come to a divorce trial. So the easies, quickest thing is to file for divorce, have husband served with papers, set it for trial, and when husband doesn't show up, just ask the judge to sign the papers your friend brought.

 


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