If both parties agree and have not raised any issues with divorce-related matters, then it’s an uncontested divorce. Also called a no-fault divorce, this type of separation means no party is responsible. From working with an uncontested divorce attorney to agreeing on settlements, we’ll give you an uncontested divorce breakdown in today’s post.
If you want to discuss your situation with our divorce attorney, please don’t hesitate to contact us. It may seem simple and straightforward, but there’s a legal and formal process involved to make sure everything goes on smoothly and fairly.
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Does Your State Grant a No-Fault Divorce?
This is the first thing you must check. In Texas, where our divorce and family law firm operates, the state grants a no-fault divorce.
Simply put, this means that both spouses can walk up to a court judge and say the marriage is not working out or is “insupportable,” and you need to be separated.
Even though the general thought is the same, the residency requirements for uncontested divorce vary by location. Check with your uncontested divorce attorney for the specifics.
Additionally, some states order an initial separation period before you can file for or granted a no-fault divorce. During all this, an uncontested divorce attorney to navigate the process.
Do You Qualify for an Uncontested Divorce?
Your Uncontested Divorce Attorney Can Validate Your Claim
If you do, there are the basic guidelines you must follow:
- Procure a Dissolution of Marriage or Petition for Divorce form. Go to your local county clerk for the initial paperwork.
- The non-filing spouse must be served with a summons form and a petition. Check with your uncontested divorce attorney for the rules and service processes involved in this stage.
- The recipient of the summons and the petition must then file a response in the form of a voluntary appearance or acceptance document.
- During the waiting period, work with an uncontested divorce attorney to determine a court hearing date and Marital Separation Agreement.
- If the judge deems the Settlement Agreement fair to both parties, a divorce is granted. If not, the hearing can last longer.
Do You Need an Uncontested Divorce Attorney?
Couples can file an uncontested divorce in a joint application. Since this type of separation doesn’t present as many complexities as compared to a contested divorce, you may still opt to employ the services of an uncontested divorce attorney.
This is especially beneficial if you have substantial assets. You also need an uncontested divorce attorney’s help if you have minor children and need to discuss custody.
Couples with no minor children, short marriages, or few shared assets, however, may be capable of handling the divorce on their own, particularly if the state has a more simplified process for it. In cases like this, a mediator can help oversee the agreement on custody arrangement and property division.
Furthermore, couples in more complex scenarios may also take over the process without the help of an uncontested divorce attorney. However, this should be done with a great deal of caution.
While the divorce may be amicable, something might shift during the whole ordeal – leading one or both spouses to compromise considerable legal rights.
To reach an agreement, you must present the following issues before a judge:
- How you will raise and share the custody of your minor children.
- What your set amount and duration is if for child support
- What your set amount and term is for alimony or spousal support
- How you’re going to divide your assets
- How you’re going to divide your debt
Once you’ve addressed all those points in the Settlement Agreement and you have the approval from a judge, the divorce will be final. The court will have to make sure the arrangement is fair and that it wasn’t prepared when one party was under duress.
Divorce Is Still Divorce
The above is the abridged version of an uncontested divorce. However, divorce is still a divorce. While an amicable separation is possible, certain financial, emotional, and psychological factors may influence the situation.
Usually, people going through a dissolution of marriage have their emotions heightened and judgment impaired – leading to long-term consequences and increased risk.
To keep conflict or any issues to a minimum and speed up the recovery period for everyone involved, get the expert guidance of an experienced uncontested divorce attorney.