Uncontested Divorce with Children

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Though people unite through the institution of marriage with the expectation to remain together for the rest of their lives, a divorce disintegrates the marriage between two individuals. There are basically two major types of divorce defined for most of the states in the US. The uncontested divorce process is one of the common processes valid in the situation where both the spouses are ready to get a divorce from each other after attaining the respective agreements on all possible marital issues that occur between them. Most importantly, during the uncontested divorce process, spouses come up with their own joint decisions in matters of all joint properties or dependent children (if present). At the same time, specific documentation process is also expected to be done comprising all possible decisions made on things to be shared between both the spouses. Apart from this, a divorce attorney may simply be required to provide assistance during the divorce paper filling process in an accurate manner. However, the merits and demerits are equally associated with an uncontested divorce process, especially if children are also involved in the whole case. Therefore, here we are providing some of the relevant information regarding uncontested divorce with children.

Documents to be initially filed regarding Uncontested Divorce with Children:

  • Complaint for Divorce
  • Income and Expense Statement of Plaintiff
  • Matrimonial Action Information
  • Kids first Information Sheet
  • Summons to Answer Complaint
  • Asset and Debt Statement of Plaintiff

If the defendant does not sign an appearance and waiver form, the Plaintiff must serve the complaint for divorce and summons, so that an answer to the complaint is filed. Further, the Plaintiff must file one of the following documents:

  • Proof of Service or,
  • Motion for Service by Mail and Affidavit: Order for Service by Mail

Now, the Plaintiff must fill in the case number in the below mentioned documents and file them in the circuit court:

  • Appearance and Waiver / Proof of Service / Statement of Mailing,
  • Asset and Debt Statement of Defendant
  • Income and Expense Statement of Defendant.

However, there are a few other additional Documents which are extremely important to be filed regarding Uncontested Divorce with Children.

You must ensure that either of two actions must have taken place in the divorce:

  • The Defendant has filed an Answer in the stipulated time period or
  • The Defendant has signed the Appearance and Waiver.

Now, the Plaintiff must file the following documents:

  • Affidavit of Plaintiff (for Uncontested Divorce)
  • Request for non-hearing Uncontested Divorce
  • Child Support Guidelines Worksheet: This document specifies the amount of child support that the non-custodial parent must disburse to the custodial parent. Both the divorcing partners must sign this document in order to ensure the joint agreement condition in front of the court house.
  • Decree granting Divorce and awarding Child Custody: If the divorce is obtained by default, then the signature of the defendant is not essential. However, if the divorce is procured by agreement and the defendant has signed the appearance and waiver form, then the signature of the defendant is essential. The plaintiff should also sign this document.
  • Order / Notice to withhold income for Child Support. This document directs the spouse (individual paying for the support of the child) to disburse the amount of child support owed to the Child Support Enforcement Agency.

Varying methods of Service of documents

  • Assume that the defendant accedes with the plaintiff regarding divorce, distribution of assets and debts, child custody, plans for child support and visitation. Then, such a defendant must sign the "Appearance and Waiver" in the presence of a Notary Public. In addition to this, the defendant must file the following documents:
    • Asset and Debt Statement
    • Child Support Guidelines Worksheet
    • Decree Granting Divorce and Awarding Child Custody
    • Income and Expense Statement
  • The Plaintiff can request any reliable friend or relative, who is at least 18 years of age, to deliver the divorce documents by hand to the opponent side. After the service is complete, this friend or relative must complete the "Proof of Service" document and give it to the plaintiff. Furthermore, the plaintiff must file this document in the court.
  • The plaintiff can hire a process server for service of the divorce documents. The service center at the courthouse is the appropriate venue for obtaining a list of process servers.

Advantages of uncontested divorce for children

As uncontested divorce mainly occurs on the basis of a joint agreement of both the spouses, it is easier for the spouses to project a good relation between them even after the legal breakdown of their marriage. Hence, children related issues can be handled in a better and a more efficient manner.

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