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Uncontested Divorce

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Uncontested divorce most commonly refers to a divorce where the spouses agree on all of the divorce issues. The divorce process is a formality for the divorce court to ratify and give legal force to the agreements.

Many people who expect divorces to be uncontested think representation from a divorce lawyer isn't necessary since an agreement is being made outside of court; however, there are still legal requirements associated with filing for divorce, including providing necessary documentation to the court and creating pleadings and documents that follow legal standards.

An uncontested divorce begins when one party files a divorce petition and arranges for service of process on the other party. If the parties are able to agree on all of the aspects of the divorce, including debt and property division, child custody, visitation rights, child and spousal support and any other issue, there may not be a need for a divorce hearing. The order may be entered and the divorce finalized if the parties submit a divorce settlement the court accepts.

The divorce process may differ from state to state and even from court to court. Different states have particular divorce waiting periods. If all of the issues are agreed on, a couple may still have to wait weeks or months before the divorce is finalized.

Some judges may require both spouses to appear in divorce court and confirm agreeing to the terms in the order, as well as make sure both spouses understand the agreement and have freely agreed.

Typical Uncontested Divorce Process

  • Preparation and filing of divorce petition
  • Service of process
  • Divorce waiting period (where required)
  • Preparation and filing of divorce settlement and proposed order
  • Hearing to confirm agreement (where required)
  • Entry of divorce decree

A divorce doesn't become final until the order is signed by the judge. Often, there is a delay between the time a divorce settlement and agreed order are submitted to when the order is signed and entered. A couple is not divorced until the order is signed and entered. This is especially important to people planning to remarry after divorce, since different states have different remarriage waiting periods to legally marry after a divorce.

Talk to a Local Divorce Lawyer about Uncontested Divorce

A local divorce lawyer can talk to you more about divorce waiting periods, court appearances and writing uncontested divorce agreements. With the help of a divorce lawyer near you, make sure you have considered and addressed all possible issues in your divorce agreement.

Get connected with a local divorce lawyer today. Fill out a divorce case review form or call 877-349-1310 to set up a preliminary consultation.