Uncontested divorce or dissolusion

What is the name of your state (only U.S. law)? Ohio
My daughter and her husband are separated and wanting divorce. The question is while he is willing to sign papers, he's not very dependable and may not show up in court so we are afraid to go dissolusion. What extra needs done for uncontested divorce so he doesn't have to show up? Is there more paperwork? Different grounds for divorce? They have no marital property to speak of and no children. Thank youWhat is the name of your state (only U.S. law)?

trvulhop said:

What is the name of your state (only U.S. law)? Ohio
My daughter and her husband are separated and wanting divorce. The question is while he is willing to sign papers, he's not very dependable and may not show up in court so we are afraid to go dissolusion. What extra needs done for uncontested divorce so he doesn't have to show up? Is there more paperwork? Different grounds for divorce? They have no marital property to speak of and no children. Thank youWhat is the name of your state (only U.S. law)?

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The best way to get it to go through, quickly and without him having to be present in court, is to hire an attorney to handle drawing up a stipulated agreement and presenting it to the court.

LD is almost there. ALMOST. You need to file an uncontested divorce. With the uncontested divorce you can request adoption of a separation agreement that has been submitted -- prepared and then signed by both parties. With the uncontested divorce, the plaintiff should bring at least one witness (some courts want two) and the divorce decree to the final hearing. The divorce decree will incorporate the separation agreement.

Filing a dissolution is great PROVIDED both parties are dependable and reliable and will show. I caution my clients against filing dissolutions due to the fact that if the other party does not show up, the dissolution is dismissed and you are back to step one and have to REFILE and pay another filing fee and start at the beginning. Whereas a divorce petition can contain everything in a dissolution (separation agreement, shared parenting plan and what have you) and not rely on both parties attending -- only the plaintiff with supporting witness(es).