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Separation Without Controversy: a Legal Overview!
Do you want to get a divorce but have no idea what it means to get an “uncontested divorce?” This is the least complicated type of divorce since the terms of the split can be worked out amicably between the spouses. In this article, we’ll define “uncontested divorce,” explain how you can get one, walk you through the steps to finalize your divorce with as little conflict as possible, and detail how much it’ll cost and how long it’ll take.
What is an Uncontested Divorce?
The spouses in an uncontested divorce agree on all of the following points:
- The length of time and quantity of spousal support (alimony)
- The allocation of property and liabilities
- How much and for how long a parent must pay child support
Children’s legal custody.
- When both parties have reached an agreement on these parameters, a “separation agreement” should be filed to formalize and record the terms of the split.
- The judge will then review the agreement and rule on its validity. After the divorce waiting period has passed, the divorce will be final.
You may want to include a mediator if you and your spouse are having trouble settling the terms of your divorce amicably. They will assist you to reach an amicable resolution to all of your differences so that you can move forward with the separation agreement. You can hire a lawyer to help you out if you want to have someone look out for your best interests in court.
What Is An “Uncontested Divorce” and How Does It Work In California DivorceNet: https://t.co/MGUTVwhMZa
— Bruce C. Bridgman (@bcblawgroup) September 2, 2022
A “contested divorce,” on the other hand, is one in which the couples cannot reach an agreement on any of the aforementioned issues, necessitating judicial intervention. Due to the necessity of hiring lawyers to protect their rights, the costs associated with a disputed divorce are far higher than those of an uncontested divorce.
How Do You Qualify for an Uncontested Divorce?
In most cases, three conditions must be met to obtain an uncontested divorce:
- Legal status as a resident of a particular state is determined by meeting this residency criterion.
- Acceptance of the fact that the marriage is hopelessly shattered.
- Divorce conditions that are acceptable to both parties.
To be considered a legal resident of a state, you must satisfy the requirements set forth by that state. This residency requirement may change if the “at-fault” incident occurred in the state or if you were married there.
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Agreement That the Marriage Is ‘Irretrievably Broken’
If you want to get a divorce without a fight, both of you need to agree that your marriage is hopelessly doomed. In particular, both partners need to agree that their marriage is over. In “no-fault divorce” states, one spouse can file for divorce without pointing fingers at the other. An “at-fault” divorce, where adultery, abandonment, or other fault is taken into account, is legal in some places.
Agreement About the Terms of Divorce
Most importantly, the couple must reach a consensus on the divorce’s most critical details. Custody, alimony, child support, and property partition are all examples. In that manner, you can avoid having to explain your case in front of a judge. Having a settlement agreement in place before any legal action is taken can save you time, money, and emotional energy.
How Do I Complete an Uncontested Divorce?
In the majority of states, the divorce process is simple if no major issues arise. To begin the divorce process, you (the “petitioner”) must first have your spouse (the “respondent”) served with divorce papers by an impartial third party. Next, you and your spouse or partner will need to jointly file documents with the court outlining any minor children or significant assets.
To further guarantee that your choice is final, some states require you to wait a certain number of months before proceeding. The state may also mandate that you take a parenting class if you are a parent of small children.
While there are commonalities between the various jurisdictions, you should always familiarise yourself thoroughly with the specific rules and regulations that apply to you before proceeding. Additional resources for obtaining an uncontested divorce in a variety of states are provided below.
How an Online Divorce Can Help
How Long Does It Take to File an Uncontested Divorce?
How Much Does It Cost?
Divorce filing fees range from around $200 to $400, depending on the state you live in. You can ask the court to waive the fee if you are unable to pay it. Divorce costs can differ whether you handle the process on your own, use an online divorce service, or retain legal counsel.