An uncontested divorce is a type of divorce in which both parties agree to the major terms. These terms include the set alimony, how to divide the assets, child support, and child custody.
An agreement to these terms means that neither spouse has a problem with the divorce, so both parties file for divorce and then sign the divorce documents, which detail the terms and state the agreement. Note that a judge must approve this document to legalise the divorce.
You should note that state laws guide divorce. You must prove you are a resident of the state where the divorce occurs. To complete an uncontested divorce, you must show or sign an agreement that you can no longer restore the marriage. After that, you iron out the significant divorce terms and agree to these terms.
Uncontested Divorce Problems
Most divorce problems arise when the spouses do not agree on the terms of the divorce. In such a case, the spouse may have to engage a mediator to help the spouse find an agreement that benefits both parties.
“If the two parties cannot agree on any or one of the many terms of divorce, a judge may have to intervene. This type of divorce is contested. A judge hears from both sides in a court case and determines the major terms of the divorce,” says divorce attorney Matthew Dolan.
Three Requirements for Uncontested Divorce
Proof of residency: You need to provide your residency document to show that you reside in the state. Divorce laws are jurisdictional, and the state has to confirm that you are a resident there. However, there are certain exceptions to this.
Proof of Irretrievability: Before an uncontested divorce can go through, you must agree with your spouse that the marriage has broken beyond repair. State laws on obtaining irretrievability agreements differ. In some states, you do not need to prove that any party is at fault to proceed with divorce. In other states, either of the spouses is at fault for the broken marriage through infidelity, abandonment, et cetera.
Partner’s Agreement: An uncontested divorce requires both spouses to agree to the divorce terms. You should note that you do not need to go to court to reach an agreement. Also, as long as you agree to the divorce terms, there is no need for a court case.
Essential Steps to Take in Filing for an Uncontested Divorce
- Engage an attorney
- Enquire about the state laws guiding uncontested divorce and divorce in general
- Get a third party, who in most cases is your attorney, to serve the divorce paper to your partner
- Submit documents on your children (if they are not up to 18 years old) and assets to the court
- Observe the waiting period (this is compulsory). Waiting periods vary by state. Typically, they last one to six months
- Take a parenting course. (A court imposes this if your children are underage)
- Pay the divorce fees: Divorce fees vary by states. In some states, you may pay about $200; in others, you may pay around $350. The law recognizes that some people are not financially buoyant to pay the required fees. In such cases they can apply for a fee waiver
DIY Process in Uncontested Divorce
DIY process is an acronym for the “do-it-yourself” process. This is when you do not require the help of an attorney to complete the divorce process. For a DIY, you enquire about the legal process and documents, and then you and your partner do it yourself.
The DIY process is common in uncontested divorce. This is because there is an agreement on the main terms of the divorce between both parties, so there are no details you need to iron out.
However, although you may be able to do it yourself, you still need to file and complete documents, which may take up a chunk of your time. A solution for this is to use online divorce help software.
An online service helps you identify every paperwork you need. It also has the necessary paperwork, and you should review all the necessary documents.
You may have tons of questions regarding divorce. An attorney is in the best position to answer these questions. Even if you use a DIY process, you may still need to engage an attorney to ensure you are on the right path.
Furthermore, when you and your partner have not fully agreed to the main terms of the divorce, you may have to engage an attorney to help mediate. They will hear from both parties and help find a middle ground to ensure you reach an agreement that benefits them.
Media Information:
Connecticut Family Lawyer
(203) 697-8429
Southbury Office 220 Main Street Suite
