Divorce/Separation Procedures The stages in a typical uncontested divorce or legal separation are listed below in chronological order. 1. The Petition for Legal Separation or Petition for Divorce is sent to the Court with a filing fee of $125.00 ($127.00 if children are involved), after the Petitioner1 signs the Petition. 2. The Court returns the Petition with paperwork entitled Orders of Notice attached. The Orders of Notice set a deadline date, called a return date2. 3. The Petition for Legal Separation or Petition for Divorce and attached Orders of Notice are served3 on the spouse Respondent. 4. The spouse Respondent must file an appearance form with the Superior Court clerk’s office prior to the return date. 5. The parties may choose to file a Joint Petition for Divorce that is signed by both parties. The Court expedites the processing of such petitions; typically the parties will be able to obtain a final uncontested divorce within thirty to sixty days after the filing. 6. Parties who are represented by attorneys in an uncontested divorce or separation proceeding negotiate through their attorneys by means of a series of meetings, exchange of written materials, or attorney-to-attorney phone calls. The attorneys, in a document called a Temporary Stipulation or Permanent Stipulation, draft these negotiated agreements. 7. Pro Se Parties4, or parties in mediation, may draft their own agreement or request that their mediator draft the agreement for their review and the review of their attorneys, if any. 8. Other documents required by the Court are filled out by the parties, including personal data sheets, the financial affidavits and the final divorce certificate form provided by the Court. 9. If agreed to by the parties, the Stipulation plus the other supporting documents are filed with the Superior Court for scheduling of an uncontested hearing. 10. One or both of the parties (but always the Petitioner) appear briefly before the Marital Master5 in an uncontested hearing in chambers for the review of the Permanent Stipulation and recommendation of approval. 11. Usually within a week, the paperwork and recommendation is placed before a judge for his/her final approval. 12. Notice is sent to the parties directly of final approval or disapproval. 13. The parties are each entitled to a Final Divorce/Legal Separation Certificate issued by the Superior Court clerk’s office for a fee of $5.00. 1 Petitioner - individual who initiates the legal proceeding. There is no legal advantage or disadvantage to being the Petitioner, except that the Petitioner must appear at the uncontested hearing (see Para. 9). The Respondent is the answering party. 2 Return day - a random date that is set far enough in advance so that the paperwork may be served upon or accepted by the spouse Respondent at least fourteen days prior to the day. 3 Service – giving the legal paperwork to the spouse Respondent, who, in return, is required to respond by the return date. Service may be accomplished by handing the papers to the person or by leaving the papers at the spouse’s residence. Under Court rules, spouse Respondent may formally waive service, or it may be accomplished through the offices of spouse Respondent’s attorney. 4 Pro Se Parties - parties who choose not to be represented by attorneys, but rather move the paperwork through the legal system themselves. 5 Marital Master - an individual who has limited authority to hear and to review family law cases and to make recommendations to the judge for final approval.