Uncontested Divorce Papers

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Divorce or 'dissolution of marriage' as it is known in many states in the U.S., has become a common phenomenon in the nation. Studies reveal that since 1970, the number of dissolution cases have been increasing. Experts believe that after the institution of a no-fault divorce, the number of cases has been considerably increased. Whether you opt for a separation on fault or no-fault grounds, whether you want to fight for your case in the courtroom through a contested process or simplify matters through a mutual process, you have to submit all the required documents. Today in this fast paced life, many separating partners prefer to file for an undisputed case, and as such they have to prepare uncontested divorce papers. Both of the partners need to fill certain forms as specified by the state laws.

In the past, it was regarded that one party should be at fault in order to obtain a dissolution. However, in recent times, both the separating parties agree with each other regarding the fact that none can blame the other for the failure of their marriage. Moreover, both of them wish to get separated. This is the most common type of termination of marriage in the present era.

The paperwork regarding uncontested case is very exhaustive and it is not possible to list all forms related to it in a single article. In the United States, every state has its own laws and own set of related papers. Some of the forms are common in all states. A few of these forms have been introduced below.

Minimum Uncontested Divorce Papers

Let us consider a very simple type of undisputed case with the following specification:

  • There is no shared debt, no shared real property and no children.
  • The residency requirements are fulfilled.
  • There is no need of a separation period

In the above mentioned scenario, a minimum five uncontested divorce documents are required, which are as follows:

  • A Petition
  • An Acceptance of Service
  • A Summons
  • A Separation Agreement
  • A Final Decree

Uncontested Divorce Papers in complex situations

There are many cases where separating partners share real property. In such cases, several documents are required. Some of these are as follows:

  • Property Agreements
  • Statements of Assets and Debts
  • Income and Expense Statements
  • Financial Affidavits

There are several states in the United States that specify a period of legal separation that may extend from 90 days to 2 years. In these cases also there are separate forms to be filled.

Uncontested cases relating to child issues are also very common, now-a-days. If there are children from the marriage, another set of forms is necessary. One of these forms is the Marriage Separation Agreement. This form includes the following clauses:

  • Clause on real property and debt specifics on child custody
  • Any name change incidences
  • Visitation and custody rulings
  • Residence

Sequence of papers

The series of documents is needed as soon as the Petition for Divorce is filed. This paper alleges irreconcilable differences or wrongdoing. This is followed by the separation agreement. This agreement is enforced till the action is finalized.

Further, the Acceptance of Service comes into the picture. This is an acknowledgement by one separating partner that the petition filed by the other divorcing partner has been received. The final document is the Decree.

Manner of filing the forms

In an uncontested case, the Petitioner may choose to prepare and file the various essential forms by themselves. Alternatively, the assistance of a service center or lawyer may be taken. Now-a-days, the Petitioner has to furnish the required information to online legal resources. These resources complete the paperwork.

No two cases are exactly similar. In the USA, a lot of couples file for uncontested processes every year. All these cases are not similar; there are different causes for divorce and as such the procedures and the required forms and documents will also vary from one case to another. You should know which documents are relevant in your case. If you are planning to take the help of a professional lawyer, they would prepare all the documents on your behalf. But if you are looking for a DIY(do-it-yourself) process, you must do some research on the Internet so that you know what documents you will require before and during the court process.

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