Uncontested Divorce

Divorce Proceedure

What is the Divorce Process?

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The divorce process varies based upon the State in which the divorce is taking place.  However there are some occurrences common to most divorces:

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1. Decide whether to hire a divorce lawyer.

2. Compile financial documents/records & start making lists of assets.

3. Choose the Jurisdiction that will allow you to get a divorce. Draft & file the Initial Documents.

4. Serve your spouse with Divorce Papers.

5. Speak with your Spouse (in or out of Court) to determine whether you have a contested divorce or uncontested divorce.

6. Engage in discovery (Court process through which evidence is exchanged during a divorce).

7. Identify what items are marital property and separate property.

8. Either agree to how marital property is split or go to trial in Court to split the assets and liabilities of the marriage.

9. If there are children, decide what the custody arrangement will be (or go to trial). If there is joint custody, one parent is often the custodial parent.

10. If there are children, decide how much child support will be paid (or have a hearing at Court to determine child support). Child support is usually paid to the spouse that makes less money, where applicable, even when the parties have identical visitation time.

11. Draft a stipulation of Settlement regarding all outstanding issues and submit it to the court.

12. Make sure that your medical insurance is not affected by divorce and if so, plan to file for COBRA.

13. Wait. It often takes quite a while from the time the divorce papers are filed until a court issues a Judgment of Divorce.

14. Obtain Judgment of Divorce. Serve it on your former spouse.

15. Start your new life.

See also:

How long does divorce take 

Uncontested Divorce

 

un·con·test·ed
di·vorce
pronounciation:
no outstanding issues/
noun
1. a divorce in which both parties agree on the grounds for divorce and there are no disagreements as to any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) without issue or by default.

 

A divorce is only uncontested if there are no outstanding issues.  None.

In order to be an uncontested divorce the parties must agree about:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc).
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

Click about to learn more about contested divorces.

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody

uncontested divorces are much cheaper than contested divorces!

uncontested divorces are much quicker than contested divorces!