Are you and your spouse planning on getting a divorce? If so, you may be interested in getting an uncontested divorce. Here are a few things that you need to understand about an uncontested divorce before you move forward.
Uncontested Divorces Are When Spouses Agree To All Divorce Terms
A common misconception about an uncontested divorce is what is actually considered one. Make people make the mistake of thinking an uncontested divorce is when both spouses agree to get a divorce, but that is only part of it. A divorce is only considered uncontested when both spouses agree to all terms of the divorce. It essentially means that no part of the divorce is contested, and nothing needs to be settled in court.
Some of the key issues that are going to come up during a divorce are custody agreements, spousal support, child support, division of shared marital property, and division of retirement assets. It is best to work with a divorce lawyer, even if you plan to have an uncontested divorce, to ensure that all of these things are settled in a fair manner. While a lawyer is not required, it can be helpful to use one.
Uncontested Divorces Need A Formalized Agreement
Be aware that you can't simply tell the court that you and your spouse are getting an uncontested divorce. You need to prove to the court that you have reached an agreement on all legal matters. This is done by formalizing your settlement agreement in writing that outlines all aspects of the divorce. This settlement agreement is then submitted with the divorce petition. If you do not have the settlement agreement with the divorce petition, then your divorce is considered contested and will go through the normal contested divorce process.
Uncontested Divorces Have Waiting Periods In Some States
It's important to understand what your state laws are regarding any waiting periods with an uncontested divorce, even though you agree on everything. Some states do not have a waiting period at all, while others can make you wait for up to a full calendar year. You do not want to be caught off guard by an unexpected waiting period, so be sure to get your documents filed as soon as possible if you do have one in your state.
Have questions about getting an uncontested divorce? Reach out to a divorce lawyer in your area for their assistance. They can guide you through the process and ensure that you are doing everything correctly.Share