If the Defendant did NOT file an Answer or Answer and Counterclaim by the time the required waiting period has expired, complete the following:
Remember: Take an original and two copies of each document to file with the Clerk’s office. You will need to send a copy of any filed document to the Defendant unless otherwise stated below.
1. Application for Entry of Default
2. Affidavit in Support of Default
3.Entry of Default (Clerk will sign if your paperwork is correct)
4.Affidavit for Divorce Without Appearance of Parties
5.Decree of Divorce - MAKE SURE TO MARK “DEFAULT” ON DECREE.
A.Take an original and two (2) copies of the Decree of Divorce for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Decree of Divorce to you and the Defendant).
6. Complete and file any additional documents required by your Court. Ask the Clerk if there are any additional forms from the Court.
7. Take an original and two (2) copies of each of the above documents for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one addressed to the Defendant with enough postage to cover the cost of mailing theDecree of Divorce to you and the Defendant. A copy of any documents you file (other than the Decree of Divorce) must be sent to the Defendant on the date that you filled out on the Certificate of Service on each document.
If a hearing is not required by your Court, the Clerk will mail you a copy of your Decree of Divorce if accepted by the Court.
If a hearing is required by your Court, follow the next steps:
8. If your Court requires a hearing before entering a Decree of Divorce, then you will also need to file and do the following:
- Request for Setting
- Order Setting Hearing Take an original and two (2) copies of the Order Setting Hearing for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant with enough postage to cover the cost of mailing the Order Setting Hearing to you and the Defendant)
- Attend the Hearing. NOTE: Additional information on the Evidence to be presented at the hearing can be found in the packet the packet of forms for Divorce (No Minor Children) - Plaintiff. As a reminder, the packet can be purchased at the Clerk of the District Court in every Wyoming County. The packet and forms are also available through the Self-Help Resources on the Wyoming Judicial Branch website.
Your divorce is final when the Decree of Divorce has been signed by the Judge and filed by the Clerk.