An uncontested divorce is one in which the parties, prior to filing for divorce, have reached an agreement on each and every issue that is necessary to craft a decree. One spouse hires an attorney to represent that spouse in the divorce. The attorney files a Petition for Divorce, which starts the 60 day clock ticking. The attorney drafts a Decree based on the client’s representation of the agreement. The attorney sends the Petition, the Decree, a Waiver of Citation, and any other closing documents to the other party (non-client spouse).
The non-client spouse should take the Decree, Waiver and other documents to his or her own attorney for review. If the non-client spouse agrees with the Decree and other documents, that spouse should sign where indicated, get notarized where indicated, then return the fully executed documents to the petitioner’s attorney. The petitioner’s attorney appears in court with the Client to “prove up” the divorce and to ask the judge to sign the Decree. The divorce is final when the Decree is signed by the judge.