Uncontested Divorce: What Is It And How To Proceed?

Disclosure: This is a collaborative post.

Separations can be distressing both emotionally and financially. But, sometimes it’s the only way out to a happier and more fulfilling life.

According to a report, only 5% of the total divorce cases in the US go to courtroom trials. Notably, it is only when one or both of the partners have pending issues or conflicts to resolve, before dissolving a marriage.

On the contrary, most divorce cases are concluded without needing to enter a courtroom trial. This is when the case is an uncontested divorce proceeding.

What is an Uncontested Divorce Case?

As the name suggests, and already mentioned, when none of the separating partners have any conflicts the case is referred to as uncontested.

This not only saves time in courtroom proceedings but also saves a lot of money. As the experts at Michael Ephraim Law Office suggest, both parties involved in an uncontested divorce must agree to certain terms. The terms are as follows:

  • the couple must not have any unresolved financial disputes. This includes alimony and child custody as well.
  • both parties should mutually agree to the divorce on emotional and financial grounds.

Besides, if one of the partners fails to appear at the court hearing, it is also assumed as an agreement to the divorce.

How to Proceed with Uncontested Divorce?

First things first, it is noteworthy that uncontested divorce laws vary from state to state. For better understanding, we suggest you get in touch with your local authorities. Or you can also consult with a divorce attorney seasoned in uncontested laws of your state.

That being said, in most states, filing and seeking approval for an uncontested divorce is a lot easier and cheaper. So, in most cases, the basic formalities are more or less the same.

Here’s how you can get started with your uncontested divorce application.

Divorce, Legal Separation, Or Annulment

Like every other legal proceeding, the divorce case also requires certain preliminary evaluations. For example, you would need to mutually decide with your partner if you wish to have a divorce or legal separation. Or you can also file for annulment of the marriage.

In either case, you would need to qualify for the eligibility criteria laid by your state or county authorities.

Filling Out The Forms And Filing Petition

Once you decide how you wish to proceed with your case, you would need to file a formal petition in the court. This could be overwhelming at times, hence we suggest you get in touch with your attorney regarding the legal formalities to be fulfilled.

You can easily find petition forms with your local county office or court. Or you can also download it from the official website of your state.

Declaration And Legal Separation

The last step in an uncontested divorce is declaring your mutual consent on all concerned assets and future responsibilities. For example, splitting of real estate property, personal assets, and debts.

Once both the separating partners declare their mutual consent to the divorce, the court may then grant acceptance. However, you must understand that you should fulfill the criteria laid by your state authorities.

Undoubtedly, divorce by a mutual contest is a lot easier and could save you hours or weeks in sorting out your personal life. If you believe it’s not working out between you and your partner talk to them and discuss the possibilities of a divorce. And hopefully, you both can walk away without getting into any disputes. Or if not, you might be able to work out your relationship for the best.

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