The Responding Spouse's Role in an Uncontested Divorce

Why is it better for my spouse to cooperate?

Divorce becomes expensive when spouses can't agree. An uncontested divorce is the fastest and least expensive way to get the job done. That's why DivorceWriter is designed for couples who are able to cooperate throughout the divorce process. That means both spouses must be able to sign any required documents. At the very least, this means your spouse will sign a document waiving or acknowledging service of divorce papers.

In most states, your spouse will also sign a Settlement Agreement, sometimes called a Separation Agreement. The signatures on the Agreement may require notarization. Additionally, if you have minor children together, your spouse will also sign a Parenting Plan, and in most states that must be signed in front of a Notary Public. Your state may also require your spouse to sign other documents such as a Financial Affidavit. The table below lists the documents you’ll receive that require the non-filing spouse’s signature in your state. The spouse who did not file for divorce is called the Respondent or Defendant.

Divorce by agreement can be faster than divorce by default. The laws of each state give the non-filing spouse a certain amount of time (usually 20-60 days) to file a responsive pleading (ex. Answer) after being served with divorce papers. During this period of time, the divorce cannot proceed. When the non-filing spouse signs a waiver or acceptance/acknowledgment of service, they can waive the response period so the divorce can be finalized sooner, often several weeks sooner.

Does my spouse have to go to court?

The responding spouse is always entitled to advance notice of the hearing date and time unless it was waived in writing earlier. After that, whether they attend is usually up to them. Many states don’t require either spouse to attend a hearing to finalize a divorce. In states that require a hearing generally only the spouse who filed for divorce needs to attend. One exception is in states that offer a joint divorce where both spouses sign the petition for divorce and both must attend the hearing. In those states you can usually get the respondent's presence excused by filing a request or calling. Additionally, in some states, divorce by default may trigger a hearing that requires the attendance of both spouses.

What if we have minor children together?

If your county requires a parenting course to get a divorce, both spouses will need to attend. More information on parenting class requirements for your state is available here.

What documents does my spouse sign? Is notarization required?

In many states, uncontested divorce documents require notarization. Most banks provide free notary services to their customers, which is the easiest way to get it done. UPS and Fed Ex stores also have notaries on staff although they charge a fee for the service. Call ahead to confirm a Notary will be available when you go or schedule an appointment online. Your spouse will need to present valid government-issued photo identification and must be in front of the Notary Public when signing the document. Depending on where they work, your spouse’s employer may have a notary on staff who will notarize documents for free. The Notary is not supposed to read or review the documents, only be present when they are signed. The Notary also fills out the notary section.

If you and your spouse have minor children together, the responding spouse will sign the Parenting Plan. In some states, the Parenting Plan is part of the Settlement Agreement intead of a separate document. Notarization is often required on those documents.

State	Documents for Your Spouse to Sign
Alaska	Both spouses sign the Petition for Dissolution of Marriage in front of a Notary Public. Since it is a joint petition, both spouses must go to hearing, but documents will be provided if the responding spouse can’t attend.
Alabama	Defendant signs a multi-purpose form called an Answer, Waiver and Agreement for Taking Testimony in front of a Notary Public. Defendant also signs Defendant’s Child Support Obligation Income Statement/Affidavit (CS-41), even if the parties do not have minor children.
Arizona	Respondent signs the Acceptance of Service in front of a Notary Public, pays the Response fee (approximately $200.00-$300.00), and signs the Consent Decree. In the alternative, to finalize the divorce by default, Petitioner needs to formally serve divorce papers. Petitioner will also need to attend a default hearing.
Arkansas	Defendant signs the following documents in front of a Notary Public: Entry of Appearance and Waiver of Service of Summons Answer to Complaint for Divorce Affidavit of Financial Means Property Settlement Agreement If Defendant is unable to attend the hearing, he/she should contact the Clerk of the Court in the county where the divorce was filed.
California	Respondent signs a Declaration of Disclosure (FL-140), Income and Expense Declaration (FL-150),and Schedule of Assets and Debts (FL-142) and exchanges them with the Petitioner, but are not filed with the Clerk. Respondent also signs a Stipulation and Waiver of Final Declaration of Disclosure (FL-144). If you serve your spouse by mail instead of in person, Respondent must also sign a Notice and Acknowledgment of Receipt (FL-117). Because CA charges a response fee of $300-$400.00 to file a Response, the divorce is finalized using the default process unless the Respondent is in the military because it isn’t allowed although the response fee is automatically waived for active-duty service members.
Colorado	Respondent signs the Verification at the end of the Petition for Dissolution of Marriage. Respondent also signs the following documents: Financial Statement (JDF 1111) Supporting Schedules for Assets (JDF 1111-SS) Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104) Spousal Maintenance Advisement Separation Agreement
Connecticut	Defendant signs an Appearance (JD-CL-12), Case Management Agreement, and Financial Affidavit (JD-FM-6) in front of a Notary Public. The Financial Affidavits are exchanged with the other spouse. Respondent also signs a Dissolution Agreement (JD-FM-172).
Delaware	The Respondent signs the Separation Agreement, the Stipulation to Incorporate the Separation Agreement and an Answer to Petition for Divorce in front of a Notary Public.
District of Columbia	The Defendant signs an Answer to Complaint for Absolute Divorce, the Separation Agreement and a Joint Waiver of Appeal of Divorce Order/Judgment.
Florida	Except for simplified divorce filers, the Respondent must be served by a Sheriff or private process server. Respondent also signs the following in front of a Notary Public: Answer, Waiver, and Request for Copy of Final Judgment Financial Affidavit Notice of Social Security Number Certificate of Compliance with Mandatory Disclosure Marital Settlement Agreement With simplified divorce, both spouses sign the Petition for Dissolution of Marriage and the Marital Settlement Agreement in front of a Notary Public and both must attend the divorce hearing.
Georgia	Respondent signs the following in front of a Notary Public: Financial Affidavit Settlement Agreement Consent to Trial 31 Days after Service and Waiver of Right to Trial Acknowledgment of Service, Consent to Jurisdiction and Venue, and Consent to Present Case Defendant also signs a Child Support Order Addendum if there are minor children.
Hawaii	Defendant signs the following: Appearance and Waiver Income and Expense Statement Asset and Debt Statement Divorce Decree Defendant also signs the Child Support Guidelines Worksheet, if there are minor children.
Idaho	Defendant signs an Acknowledgement of Service and a Sworn Stipulation for Entry of Decree of Divorce in front of a Notary Public.
Illinois	Respondent signs the following documents in front of a Notary Public: Entry of Appearance, Waiver, and Consent a Stipulation for Uncontested Hearing Marital Settlement Agreement Financial Affidavit Judgment of Dissolution of Marriage If the parties qualify for simplified dissolution, both spouses attend the divorce hearing and both spouses will sign the Petition instead of filing Respondent’s Entry of Appearance, Waiver, and Consent.
Indiana	Respondent signs a Verified Waiver of Final Hearing, and Decree of Dissolution of Marriage and Settlement Agreement and also a Child Support Obligation Worksheet, if there are minor children.
Iowa	Respondent signs an Acceptance of Service of Original Notice.br />For divorce by agreement, Respondent signs an Answer to the Petition (Form 215), Financial Affidavit, Settlement Agreement, and Child Support Worksheet if there are minor children. For divorce by default, if Respondent’s Answer is not filed within 20 days from the date that Respondent’s Acceptance of Service was filed with the Clerk’s office, Petitioner can ask the court for a Decree by default. After the 20-day answer period has passed, Petitioner must then give Respondent ten (10) days’ notice in writing that Petitioner intends to ask the Court for a divorce Decree by default.
Kansas	Respondent signs the following documents in front of a Notary Public: a Marital Settlement Agreement Voluntary Entry of Appearance Answer to Petition for Divorce Domestic Relations Affidavit If the Defendant is unable to attend the hearing, it is best to notify the Clerk of the District Court that the Defendant is unable to attend and to find out what options are available or what further steps to take.
Kentucky	The Respondent signs a Preliminary Verified Disclosure Statement, Marital Settlement Agreement, and an Agreed Order to Submit in front of a Notary Public.
Louisiana	The Respondent signs an Acceptance of Service and Waiver of Citation and All Delays, and Settlement Agreement. In 102 divorce, the Defendant also signs a Acceptance and Waiver of Service of Rule to Show Cause. In 103 divorce, the Defendant signs a Joint Stipulation and Consent Judgment for Partition of Community, but only if you listed property, debt or spousal support).
Maine	Defendant signs an Entry of Appearance and a Certificate in Lieu of Financial Statement. Defendant signs the Settlement Agreement and a Child Support Affidavit in front of a Notary Public.
Maryland	Defendant signs the following: Answer to Complaint Financial Affidavit Joint Statement of Parties Concerning Marital and Non-Marital Property Joint Request to Schedule an Uncontested Divorce Hearing Submission of Judgment for Divorce
Massachusetts	Respondent signs the Joint Petition for Divorce and an Affidavit of Irretrievable Breakdown. Respondent also signs a Financial Statement and a Separation Agreement in front of a Notary Public. Both spouses attend the hearing to finalize the divorce. If the Respondent is unable to attend due to living such a distance away that that is would be excessively cost prohibitive to travel to the hearing, Respondent signs an Affidavit to Waive Appearance at 1A Hearing.
Michigan	Defendant signs an Acknowledgment of Service. Active-duty military Defendants also sign an Appearance and Waiver of Military Relief Law Rights. If spousal support is ordered, Defendant signs a Uniform Spousal Support Order.
Minnesota	Both spouses sign the Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution With Children. Both spouses attend the hearing to finalize the divorce. If one spouse is unable to attend the hearing in person, it is possible to request to attend the hearing via telephone.
Mississippi	Respondent signs a Joint Complaint for Divorce and a Settlement Agreement in front of a Notary Public. Respondent also signs the Financial Statement, Certificate of Compliance, and the Final Judgment. If you have minor children together, the Respondent signs the Uniform Child Custody Jurisdiction and Enforcement (UCCJEA) Affidavit. Both spouses must attend the divorce hearing. If Co-Plaintiff cannot attend the hearing, contact the Clerk of the Chancery Court.
Montana	Respondent signs the following in front of a Notary Public: Joint Petition for Dissolution Final Declaration of Disclosure of Assets, Debts, Income and Expenses Marital and Property Settlement Agreement Respondent also signs the following: Sensitive Data Form Request for Hearing and Order Granting Hearing If Respondent can’t attend the hearing to finalize the divorce, Respondent also signs a Consent to Entry of Decree and Notice of Entry of Decree.
Nebraska	Defendant signs a Voluntary Appearance.
Nevada	Respondent signs the Joint Petition for Summary Decree of Divorce and a Personal Case Information Form in front of a Notary Public. Respondent also signs a Joint Request for Submission (except Clark County) and the Decree of Divorce.
New Hampshire	Respondent signs the Joint Petition for Divorce and Financial Affidavit in front of a Notary Public and also signs the Personal Data Sheet. If there are minor children, Respondent signs the Uniform Support Order in front of a witness. The witness does not have to be a Notary Public. Both spouses attend the First Appearance Session. The First Appearance Session is different from a hearing in that it is primarily for informational purposes. The Judge or Master will use this as an opportunity to explain the court process.
New Jersey	Defendant signs an Acknowledgment of Service in front of a Notary Public.
New Mexico	Respondent signs the Petition for Dissolution of Marriage and Marital Settlement Agreement in front of a Notary Public. Respondent also signs the Final Decree of Dissolution of Marriage. If there are any minor children, Respondent signs the Child Support Worksheet and also a Wage Withholding Order, if applicable.
New York	Defendant signs an Affidavit of Defendant and the Marital Settlement Agreement in front of a Notary Public.
North Carolina	Defendant signs the Separation Agreement in front of a Notary Public.
North Dakota	Defendant signs the Settlement Agreement, Admission of Service, and Defendant’s Answer in front of a Notary Public.
Ohio	Ohio has separate procedures for a dissolution of marriage and divorce. If you file for dissolution of marriage, both spouses attend the divorce hearing and sign several forms. If you file for divorce, only one spouse attends the hearing, and Defendant signs Waiver of Service of Summons as well as an Answer and also the Parenting Judgment Entry if there are minor children.
Oklahoma	Respondent signs a Waiver of Summons and Entry of Appearance and Decree of Dissolution of Marriage in front of a Notary Public. Respondent also signs a Child Support Worksheet if there are minor children.
Oregon	Respondent signs the following: Co-Petition for Dissolution of Marriage Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments Family Law Confidential Information Form (CIF) UTCR 2.130.1 Co-Petitioner's Ex Parte Motion for Order Allowing Entry of Judgment on Declaration in Lieu of Hearing Co-Petitioner's Declaration Supporting Judgment of Dissolution General Judgment of Dissolution of Marriage In some counties, Respondent will also sign an Acknowledgment about Dissolution.
Pennsylvania	Defendant signs an Acceptance of Service, Affidavit of Consent, and a Waiver of Notice of Intention to Request Entry of a Divorce Decree. If the parties have minor children or list property or debts, Defendant signs the Property Settlement Agreement in front of a Notary Public.
Rhode Island	Defendant signs an Entry of Appearance, Marital Settlement Agreement and Final Declaration as well as a UCCJEA Affidavit if there are minor children. Defendant also signs an Answer to Complaint for Divorce and a Statement of Assets in front of a Notary Public.
South Carolina	Defendant can either sign the Acceptance of Service or Plaintiff must serve by certified mail, restricted delivery with return-receipt requested. Defendant signs the following in front of a Notary Public: Marital Settlement Agreement Final Declaration Defendant also signs an Answer. However, if Defendant’s Answer isn’t filed within thirty-five (35) days from the day your spouse was served, Plaintiff will instead file documents for default.
South Dakota	Defendant signs the following in front of a Notary Public: Admission of Service of Summons and Complaint Case Filing Statement (Defendant) Answer Affidavit of Service by Mailing Financial Affidavit (Defendant) Affidavit as to Jurisdiction and Grounds for Divorce Stipulation and Settlement with Children
Tennessee	Defendant signs the following documents in front of a Notary Public: Request for Divorce (Complaint) Form 1 (If you have real estate, retirement accounts or business interests, you will receive a Complaint for Divorce instead, which does not need to be signed by Defendant.) Divorce Agreement (Marital Dissolution Agreement) Form 5 Parenting Plan Defendant also signs the following documents: Restraining Order for Divorcing Spouses Form 7 Final Decree of Divorce
Texas	Respondent then signs the Waiver of Service of Citation in front of a Notary Public. Both spouses must date and sign the Decree. The Respondent must have his or her signature on the Decree notarized if he or she will not be present at the hearing. If Respondent will attend the hearing, the signature doesn’t require notarization.
Utah	Respondent signs the Non-Public Information – Parent Identification and Location form and also the Stipulation.
Vermont	Defendant signs the Acceptance of Service (Form 29), and Notice of Appearance. Defendant also signs the Financial Affidavit 813A and 813B in front of a Notary Public and attaches last four pay stubs from employment (or monthly income and expense statements (documents) if self-employed, and last-filed income tax return. If your county allows the parties to waive the divorce hearing, Defendant must sign the Stipulation and Motion to Waive Final Hearing (Form 841) in front of a Notary Public. If there are minor children, the Defendant also signs the Child Support Order (Form 802).
Virginia	Defendant signs an Acceptance/Waiver of Service of Process and also a Property Settlement and Separation Agreement in front of a Notary Public. If there are no minor children of the marriage, signing the Agreement allows the divorce to be finalized six months sooner in Virginia. Active duty military Defendant will sign a Defendant’s Waiver of Rights Under the Servicemembers Civil Relief Act. If Defendant wants a name change, they will sign a Motion and Order for Restoration of Name.
Washington	Respondent signs the Petition for Dissolution of Marriage and also the Final Divorce Order (Decree of Dissolution). Respondent also signs the Findings and Conclusions about a Marriage in front of a Notary Public. If there are minor children, Respondent also signs the Child Support Order and Child Support Worksheet. Neither spouse has to go to court and the divorce can be completed entirely by mail.
West Virginia	Respondent signs following documents in front of a Notary Public: Marital Settlement Agreement Acceptance of Service Answer to Petition for Divorce Financial Statement Respondent also signs a Civil Case Information Sheet as well as a Bureau for Child Support Enforcement Application and Income Withholding Form, if the parties have minor children together.
Wisconsin	The responding spouse is a co-petitioner and signs the Joint Petition in front of a Notary Public and also sign a Confidential Petition Addendum. The responding spouse also signs a Financial Disclosure Statement of Joint Petitioner and attaches a statement of current annual income, most recent W-2, and verification of income for three (3) months. Joint Petitioner signs the Marital Settlement Agreement and if there are minor children, provides information on a Family Medical History Questionnaire. Joint petitioner also signs the Findings of Fact, Conclusions of Law and Judgment.
Wyoming	Defendant signs an Acknowledgment and Acceptance of Service and a Confidential Financial Affidavit in front of a Notary Public. Defendant attaches latest paystub, proof of medical insurance for the minor children, if any, and last two years of income tax returns and W-2s. Defendant also signs an Answer to Complaint for Divorce.