When talking about having a divorce, certain terms may seem more confusing if you’re not conversant with them. These terms include:
- Contested divorce
- No-fault divorce
- Uncontested divorce
All these have different meanings entirely, and your condition determines the procedure you’ll use. But today, we’ll look at uncontested divorce, how it differs from contested divorce, and how you can get an uncontested divorce. So, with no time wasted. Let’s get right into it.
WHAT DOES AN UNCONTESTED DIVORCE ENTAIL?
Uncontested divorce, as the name implies, is a form of divorce in which the couples have already worked out main issues like; child support, how properties will be shared, parenting time, which party keeps the child, spousal support, and division of debt. This form of divorce provides certain benefits to couples than contested divorces.
In some states, when both parties fully accept the divorce terms, there will be no need to go to court. While some states will demand you setting in court. However, the procedures of uncontested divorce in many states are much faster than a contested divorce. If there are lingering issues, you should resolve them with your spouse immediately, as uncontested divorce requires a low-stress level since both parties agree.
In addition, you can easily get an uncontested divorce lawyer to guide you through the process. With an uncontested divorce lawyer, you’ll get to spend much less on legal fees, and the whole process will be stress-free. But, if there exist complex problems that can’t be settled, you’ll not be at liberty to file for an uncontested divorce.
WHAT ARE THE DIFFERENCES BETWEEN UNCONTESTED DIVORCE AND CONTESTED DIVORCE?
For an uncontested divorce, you can make all agreements and accept various terms with your spouse. However, in a contested divorce, the flexibility to make a decision about your case isn’t available to you because only the judge decides this.
Since you and your spouse couldn’t conclude, the court litigates your contested divorce. At times, having too many properties and disagreements over a child’s custody can make a divorce become a contested one. The main issue with contested divorces is that it takes a long while and costs lots of money.
HOW CAN I GET AN UNCONTESTED DIVORCE?
You can save yourself the stress and money in an uncontested divorce by getting an uncontested divorce lawyer. The best divorce lawyers are highly conversant with divorce papers and will make sure the papers are properly filed and served. Most states provide uncontested divorce forms in county courthouses. The party that starts the divorce process gets to fill out the forms and file them with the county clerk, pay all necessary filing fees, and have them presented to the other party.
Always check with the county clerk or divorce mediation attorney to ensure the papers are properly served. Failure to see them correctly would result in you starting the whole process again with you paying a second filing fee. After your spouse has been served correctly, they must file a response.
In some states, you’ll be required to observe a mandatory working period after the response is done. For some states, your attorney composes a requisite of settlement or an agreement of settlement that’ll be added to your divorce. You can also do an uncontested divorce online. Forms are readily available with instructions for your state. The forms will be filled out based on the information provided, so ensure the ones you provide is correct.