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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117424
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How legal & time-consuming is this? Does a Summons have to

Customer Question

How legal & time-consuming is this? Does a Summons have to be sent? Can it be overnighted both ways? This is a simple uncontested divorce with no property settlement & no minor children involved.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In an uncontested divorce, if both parties agree and sign the original complaint and a waiver of service, that is all that is required. It can be overnighted for signatures and then be filed by only one person. It will require one court appearance for the parties to confirm to the court that they agree to this divorce and everything that has been submitted is accurate. It can be done in about 6 months. Also, quite honestly, most law firms charge between $900-$1100 to do the whole uncontested divorce as long as both parties agree and cooperate. If either party refuses to sign the petition and acceptance of service and waiver of notice, then the divorce cannot proceed as uncontested.

Customer: replied 1 year ago.
Is a court appearance really necessary if one spouse is in another state? Also, why 6 months?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The other spouse can waive court appearance as long as they sign the affidavits. 6 months is average based on court calendars and time it takes to schedule things, it may be a little less, but that is the average time.

Customer: replied 1 year ago.
Isn't there a relatively inexpensive divorce kit that would suffice for such a simple divorce?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The WY court has free forms and instructions as well: http://www.courts.state.wy.us/Forms

You need the following:

  • Civil Cover Sheet
  • Vital Statistics Form
  • Complaint for Divorce signed by plaintiff
  • Summons signed by plaintiff
  • Proof of Service of Spouse (sheriff’s return of service or acceptance of service)
  • Confidential Statement of Parties for Child Support Order (if the parties have children)
  • Confidential Financial Affidavit
  • Affidavit of Divorce Without Appearance of Parties
  • Decree of Divorce
  • Order for Income Withholding
  • Income Withholding for Support, and
  • Decree of Divorce.

Also, WY legal aid will assist you with an uncontested divorce at low cost or no cost if you cannot afford a local attorney who as I said above will charge about $1000 roughly for the entire process. Having an attorney makes everything go much faster and more smoothly.

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