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Thanks for requesting me.
Are you saying the separation agreement required the spouses to go ahead with a divorce on an uncontested basis?
You can apply for the divorce on your own.
You would have your spouse served with the divorce application. Your spouse could then ignore the documents and the matter would go ahead on uncontested basis.
Then once the time has passed for your spouse to be able to reply, you would attend at the courthouse, and seek to have your spouse noted in default.
Shortly after that time the divorce judgment would be signed by a judge. You would not have to attend before the judge at all. This is done over the counter in the courthouse's central office.
Does that help?
It would not be a good idea to do that. You just want this divorce to proceed on uncontested basis so you can't really ask for anything more because you don't want this to be contested and you also don't want to have to appear in court.
You can sue your former spouse in small claims court for the return of the funds.
It can be added to the application. But then you are asking for more than a divorce and the issue becomes more complex. And, even if your spouse ignores the papers, you have to have a hearing before a judge too prove how much is owed to you.
You can check with your local courthouse about what the filing fees are but you won't have any more fees except for the filing fees and you will need to have someone other than yourself serve your spouse mwith the application form. Anyone who is an adult except for you is permitted to do that. So you might have to pay a process server if you don't have anyone to do that.
Small claims court is much easier for anyone to navigate and would be much faster.
You have to attend at the courthouse and have the divorce application issued by the court.