All You Need To Know About Uncontested Divorce
If you and your spouse agree to amicably part ways without going to trial and having a judge make decisions for divorce-related matters, you can file for an uncontested divorce.
As the name suggests, an uncontested divorce is the quickest and easiest way to settle your divorce. However, the procedure is still a legal proceeding in most states and must be approved by the court.
The court will review and approve your request after hearing out a brief by one or both partners. Hence, you'd always need a reliable and efficient divorce lawyer by your side to help you navigate the legalities of the process.
So before you hire a divorce attorney, make sure they're qualified and experienced to handle your case so that you can get through the process without hassle. Here are some things you should know about uncontested divorce:
Requirements to File For an Uncontested Divorce
If you're filing for an uncontested divorce, you'll be required to wait for a certain period before asking the judge to finalize your divorce. The law also requires you to sign a marital agreement settlement (MSA) covering the following:
- Division of joint property and debt (if any)
- Child custody-related decisions like allocated parenting time
- Alimony
- If any partner wants to restore a maiden name
- Any other issues particular to the couple
Benefits of Uncontested Divorce
As opposed to a contested divorce that requires court intervention to help you decide on issues you and your partner might disagree on, a contested divorce can help you save on the cost of divorce and quickly resolve any conflicts you may have.
Here are some benefits of filing for an uncontested divorce:
Less Expensive
Divorces that go to trial on one or more issues can cost more than $23,000 on average. This means that between disputes over child custody, alimony and child support, you can end up losing a significant chunk of your hard earned money.
However, uncontested divorce is a substantially less expensive way of parting ways with your partner than a contested divorce. Most times, it shouldn't cost you more than the divorce attorney's fees. You can also save costs associated with going to trial, including service fees, witness and deposition costs and other expenses.
Quicker
In case of a contested divorce, you can expect to spend somewhere between 12 to 18 months finalizing the proceedings. However, it takes far less than that to reach an agreement in an uncontested divorce.
Since both parties don't want to fight it out in court, a divorce attorney can help you negotiate the terms with your spouse and finalize the divorce as soon as possible. The most you'd have to wait is for a court date or the waiting period to pass.
Less Stressful For You And The Family
Seeing their parents get divorced can be emotionally devastating for children. Add the emotional stress of court proceedings to the mix and you have a recipe for lifetime trauma.
Moreover, contested divorce proceedings aren't just emotionally taxing; they're also time-consuming and financially draining. On the other hand, uncontested divorce allows the couple to decide the terms of their divorce with mutual understanding and avoid the often long and tiring process of going to trial.
Step-By-Step Divorce Process
An experienced divorce attorney can make sure you have the right information and resources required to get through the procedure quickly. The legal proceedings can be difficult to navigate, so it's best to hire a divorce lawyer. Here are some steps they'll help you follow:
Filing Divorce Documents
The spouse seeking the divorce (petitioner) is required to submit some documents along with a petition (the document outlining what they're requesting) in the courthouse. Petitioners with children and petitioners without children fill out two different sets of documents.
Arranging Service for Your Partner
Once you've filled out all the required documents, the court will require you to serve the documents to your spouse (the respondent). They will receive the documents via official means, mostly through the sheriff's deputy.
Final Hearing
Once the respondent has received the notice from you, a proof of service (an affidavit) is filed with the court. After this, the court with serve a final hearing date for your case.
During your final hearing, be prepared to answer any questions the judge may ask you about the divorce agreement you'd drawn with your spouse. Work with your divorce attorney to prepare for a testimony.
Also, make sure you have the following documents on hand when you visit the court for the hearing:
- Divorce decree
- Income verification paperwork
- Child Support Worksheet
- Parenting Plan
- Vital Statistics Worksheet
- Domestic Relations Affidavit
Reach Out to Experienced Divorce Lawyers for Legal Advice in Your Divorce Case
It's not uncommon for both parties filing for an uncontested divorce to have a divorce attorney by their sides.
A professional divorce lawyer can offer sound legal advice, represent your rights and negotiate on your behalf if required. They'll also help you draft agreements and file the paperwork required for the uncontested divorce.
If you're looking for a reliable and qualified divorce lawyer, reach out to us. We understand this time can be difficult for most people and we're here to help you navigate the legal complexities so you can get through this time as quickly as possible.
Each case is unique to us and we make sure to lend an ear to each of our clients. So connect with us today for a free consultation session.
