If you are thinking about getting a divorce and want to make the process as simple as possible, read below for an overview of how to get an uncontested divorce. The article provides details on everything from the filing of legal forms to how to finalize your case as efficiently as possible.
What is an Uncontested Divorce
According to statistics, about 95 percent of all divorce cases in the US are now settled out-of-court. However, the definition of the term “uncontested divorce” is still not fully understood. For those who have not gone through the divorce process, it’s easy to think of divorce like it’s portrayed in the movies – dramatic litigation in the courtroom, lawyers in heated debates, and scandals being exposed.
However, in reality, the divorce process does not need to be so dramatic. If you and your spouse can agree on all or most of the terms of your case, including how you’ll split up your assets and debts, how you’ll handle custody of any kids, and whether support will be paid (and how much), you and your spouse can write up an agreement and ask the court to approve it, rather than having a judge decide your fate. When you decide the terms of your case, you can end your marriage without the bitter conflicts, drawn-out hearings, or expensive legal fees.
If you and your spouse are able to agree on your case, an uncontested or no-contest divorce is the best way to make the divorce process as simple and stress-free as possible.
The Difference Between a Contested and an Uncontested Divorce
As discussed above, an uncontested divorce is one where the spouses agree on the terms or issues involved in their case, and present the terms to the court in a settlement agreement for its approval.
Even if you and your spouse have some disagreements, you can proceed with an Best Uncontested Divorce Attorney, if you are ultimately able to reach an agreement. It is only natural to have some hiccups while trying to negotiate with your ex partner. It may be difficult to agree on everything right way. For instance, deciding how to share parental rights and liabilities, the amount and duration of alimony, and how marital assets should be divided out-of-court may take some back and forth and a lot of compromises. If you’re unable to work together to work through certain issues, you can even hire an attorney or mediator to help you so that you can stay out of court and keep costs and stress levels down.
Once you’ve agreed on all of the terms of your case, you can create a settlement agreement and submit it to the judge for review and approval of your case. Some states require that the parties appear in court to confirm that they want the divorce approved pursuant to the settlement agreement. However, in other states, as long as the parties file a settlement agreement and other required forms, they won’t have to step foot in court.
Since the spouses are working together to create an agreement rather than spending time arguing in court, uncontested divorces usually take less time and are less expensive than contested cases.
On the other hand, a contested divorce results when spouses are not able to agree on the terms of their divorce as discussed above, and need to litigate certain matters so that a judge can make determinations for them. Specifically, if spouses cannot reach an agreement, the court can make orders on property division, child custody, spousal support, child support, and attorneys fees.
To start a divorce case, the filing spouse will file a divorce petition or complaint with the court. This initial document can include allegations against the other spouse and the terms that the filing spouse expects in the divorce. Then, the responding spouse will have a chance to respond to the case, and answer the petition. After the spouses have conducted discovery to obtain relevant information from each other, and exchanged financial information per the court’s rules, the court will usually set a trial.
At the trial each party will have a chance to argue their side and what they want out of the divorce. It is usually a good idea to hire attorneys if you plan on going to trial. The judge will hear the arguments by each party concerning each disputed issue and weigh the evidence and testimony in order to make decisions which will become part of the final decree of divorce.
Depending on the case and the number of controversial issues, multiple court appearances may be required. Not only do contested cases take a long time to resolve, but they are also very expensive and usually stressful, especially if minor children are involved.
It is important to remember that the outcome of a divorce can affect many aspects of your future, especially if you have children, joint property, or a joint business. No matter what your circumstances, it’s a good idea to try to keep a cool head and to separate as amicably as possible so that the outcome is most beneficial for everyone involved.
Child-related issues in an uncontested divorce
Negotiating child-related matters, such as legal and physical custody, a custody schedule, visitation hours, and child support can be challenging. If you and your spouse are able to come to an agreement on these issues, it is possible to get a no-contest divorce with children. Once you reach an agreement on custody, you can include the details of child custody in a mutual agreement which you can file with the court.
To allocate parental rights and liabilities and avoid litigation, spouses are often ordered to attend mediation sessions or parenting classes. These measures help parents to create a parenting plan which will suit both sides and, most importantly, meet the child’s best interests.
All courts across the US are guided by the best interests of the child, no matter whether the judge decides custody at their discretion or the spouses’ come up with their own arrangement. To determine what type of custody arrangement would be the best for a child in a specific divorce case, the court typically considers the parents’ preferences, the parent-child relationships, the child’s adjustment to the habitual home environment, the parents’ ability to communicate and cooperate for the sake of the child, and more.
Given the above, divorce with children typically involves more paperwork issues and may require a bit more time than a divorce with no kids. Nevertheless, if the parents are ready to negotiate, an uncontested divorce is the preferable option. Resolving child-related disputes out-of-court facilitates a smoother relationship between the parents after separation, which is especially crucial if the spouses are going to share time and decision-making regarding their children.
The Settlement Agreement and Final Forms
For an uncontested divorce, the spouses are also required to provide the court with a signed and notarized settlement agreement. They can write it up in advance or after filing the petition. Different states have different divorce timeline requirements.
After the court gets all the necessary divorce forms (which vary depending on the state, county, and unique circumstances of each case) and the agreement, the final court hearing can be scheduled. How soon the final hearing can be scheduled will depend on the rules of the state. Some states require a mandatory waiting period between filing the petition and the final hearing, while others do not.
An uncontested divorce hearing is typically brief. One or both spouses may be obliged to attend it. The judge will review the couple’s agreements and may ask the parties some questions about it to verify its contents and to make sure that the agreement is fair to both parties and meets the requirements of the state family law. After that, a divorce decree can be issued, officially finalizing the divorce.
Pros and cons of an amicable divorce
Advantages
As with anything, there are pros and cons to filing the different types of divorces. An uncontested divorce can be considered to be a better way to terminate your marriage because it is typically much cheaper than a contested divorce and takes less time, even including the mandatory waiting period that some states require.
An advantage of getting an uncontested divorce is that it is less expensive than fighting things out in court. Spouses who can go through the process amicably can save money on attorney’s fees. Even if a couple does want to hire an attorney to help, attorneys will sometimes take uncontested divorces on a flat fee basis. Other options if a couple needs assistance with their case would be to hire a mediator or seek the assistance of a therapist or divorce coach. There is also the option of choosing an online divorce service that will complete your paperwork for you. This saves money and time.
