Even with the declining divorce rates in the United States, there are still more than half a million divorce cases registered each year. An uncontested divorce refers to a case where the separating couples have agreed on all their divorce matters, reaching a settlement.
Almost 90% of divorce cases are uncontested. Some divorce cases start as contested, but with the overwhelming burden of a contested divorce, the couple eventually settles. This article will discuss the significant things you must understand about uncontested divorces. Visit The Harris Firm to learn more about divorce and its laws.
How an Uncontested Divorce Works
Uncontested divorces are considered to be the easiest and simplest way of getting a divorce as they are cheaper and less time-consuming than contested divorces. However, you do not get to decide if your divorce case will be uncontested or contested as it depends on multiple factors like both parties agreeing to the arrangements or reaching a settlement.
Uncontested Divorce Requirements
There are two ways a divorce case becomes an uncontested one.
The first one is when the separating couple agrees on the matters in the divorce, such as alimony, child support, marital property, etc. The parties involved will submit a settlement or agreement to the court with a list of everything they have agreed on.
Another situation involves one spouse filing for divorce and asking for property ownership, child custody, etc. The other spouse never responded to the papers and avoided court hearings. In this situation, the divorce case proceeds without the second spouse’s involvement, and the judge makes decisions based on verification and research. The judge decides if the filing spouse will receive everything they have asked for in the papers, and the case concludes.
Process for an Uncontested Divorce
There are different rules in every state for divorce cases. But if the separated couple can settle, they can put their agreement into writing with the help of a professional lawyer.
The next step is for the couple to confirm to the judge and the court that they have agreed on the matters regarding their divorce, which leaves the judge to sign off based on their decision after verification. During this, the couple may be called to appear at the court at least once.
During the hearing, the judge proceeds to ask the couple some vital questions to ensure both parties fully understand the terms and conditions they are agreeing to and that everything is clear about the agreements.
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