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  • Writer's pictureClaire Edwards

What is a 103(1) Divorce?

103(1) DIVORCE

If you and your spouse have already lived separate and apart without reconciliation for 180 days (365 if you have kids together), you can file a 103(1) divorce. There are a few ways to finish this divorce up- 4 to be exact!


(1) You file, get your spouse served, and they don't respond. So you send them a letter that you're planning to default on the divorce. Next file the proposed default judgment with the court and an affidavit proving you've sent the notice to your spouse and that they got served with the original petition. Then the Judge signs the Divorce Judgment;


(2) You file, get your spouse to sign a "waiver of service and citation," which means they are accepting service without the need for a sheriff. It should also include language that they know they're getting divorced and don't want to wait to file an answer. Cool, so turn that into the court then a few days later turn in a Divorce Judgment to the court for the Judge to sign;


(3) You file, get your spouse served, and they file an answer. If you both have lawyers, you can finish by paperwork only- just both fill out an Affidavit saying you've lived separate and apart and want to get divorced. Then the Judge signs the Divorce Judgment;


(4) You file, get your spouse served, and they file an answer. You can file for a TRIAL! Get the spouse served with the trial date. Then show up- just arrive in court and tell the Judge you want to get divorced and you and your spouse have been living separate and apart without reconciliation for 180 days. Then the Judge signs the Divorce Judgment.



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