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How To File For Uncontested Divorce

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Many couples who have mutually decided to end their marriage opt to file for uncontested divorce. Uncontested divorce is a very popular form of divorce, as it is relatively inexpensive and entails a less drawn-out process than some other forms of divorce.

Uncontested divorce laws are designed for couples who are willing and able to come to decisions without the court's intervention, so if you are unable to come to mutually agreed-upon terms easily, this may not be the best form of divorce for you.

If you are considering filing an uncontested divorce, you may still benefit from discussing your case with a divorce lawyer. Simply fill out the quick case review form below to arrange an initial consultation with an attorney near you today.

Decisions in an Uncontested Divorce

As with any other form of divorce, an uncontested divorce process begins when one partner files a divorce petition. The divorce petition is often put together with the assistance of a divorce lawyer, and includes a reason for filing, as well as proposed terms of the divorce, which include:

  • Debt and property division, including housing and assets
  • Child custody
  • Visitation rights
  • Child support and alimony
  • Any other issues relating to divorce

All of these must be agreed upon by the spouse responding to the petition (legally referred to as the respondent) before the divorce process can begin. The respondent typically has 30 days to answer the petition, where they will agree or disagree unambiguously to each of the petitioner's terms.

In uncontested divorces, the respondent agrees to all of these terms, often preventing the need for a lengthy contested divorce hearing. For this reason, if you plan to file for an uncontested divorce, it may be in your best interest to work out the terms of the divorce petition beforehand.

Filing For Uncontested Divorce After Petition And Answer

Even once both spouses have agreed to terms for uncontested divorce, there are several more steps to the legal divorce process. From here on out, divorce law differences between states and courts significantly affect the next steps of the process. Here are a few ways divorces can differ:

  • Divorce waiting period: Many states have a minimum divorce waiting period, designed to ensure that spouses are certain about ending their marriage. In some states, this waiting period may be waived.
  • Preparation of divorce settlement: Once the divorce petition and response have been filled out, all states need some time to prepare the paperwork, though this time can fluctuate.
  • Divorce hearing to confirm agreement of terms: Certain states also require that both parties to a divorce appear in court to confirm in person that they agree with the terms of the order.

That said, you may wish to contact a divorce attorney to help you figure out how best to go through the uncontested divorce process. Set up a preliminary consultation with a nearby divorce lawyer by dialing 877-349-1310 or filling out the following divorce case review form.