Uncontested Divorce Process
Family laws are formed for dissolution in almost all countries in the world. In many countries there are two ways of fighting a case – contested case and uncontested divorce process. In the first case, married partners fight their case in a court, and thus the intervention of the court is necessary. But when a divorcing couple reaches on an agreement regarding the major aspects of the separation, it is called as an undisputed case. The court confirms the dissolution and offers legal force to the agreement. Thus, the procedure becomes just a formality.
The uncontested divorce procedures are relatively simpler. The pro se parties can take the help of an attorney while preparing the marital agreement, if they want to. This is one type. Another type of an is when the partners do not take part in the proceeding or do not make any attempt to inform the court regarding their absence.
To help you gain a resourceful knowledge about the process of an uncontested divorce, some important aspects related to this topic are elaborated here:
Steps in an Uncontested Divorce Process
Explanation of Uncontested Divorce Process
Filing the Petition: One of the divorcing partners files a petition. This partner is called as a Petitioner or Plaintiff in different states. The Petitioner makes arrangements for serving the notice to the other divorcing partner who is known as a Defendant or a Respondent in different states.
Divorce Hearing and Order: An hearing may not be essential if the divorcing partners agree with each other on the following issues:
Waiting Period: The detailed procedure of an undisputed dissolution can vary not only from one state to another but also from one court to another. Several states impose specific waiting periods. In such states, although the divorcing partners agree with each other on all issues, both have to wait till this period is over and then the finalization takes place. For example, in California the divorcing partners have to wait for a period of six months till the termination becomes final. If you file for an undisputed case in Nevada, you have to wait for sixty days before the court makes the final judgment.
Presence of divorcing partners in the court: Some Judges demand that the divorcing partners should remain present in the state court for the following reasons:
Every court procedure has its benefits and drawbacks. So you should be familiar with all these before you actually file for the case. The benefits and drawbacks of an uncontested divorce process are described here:
Advantages of uncontested divorce
Disadvantages of uncontested divorce
Sometimes it may so happen that both the parties willing to have an mutual separation are unable to reach to an agreement. They may not be able to resolve a few issues. In such a case, they may go for divorce mediation. Professional mediators will offer them the best unbiased solutions.
Before taking any major decision regarding your case, you must know the whole procedure in detail. The information given above amply describes the uncontested divorce process in detail. There may be many specific state-wise requirements; you can consult a lawyer in order to learn about the specifications that will be relevant in your case.
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