Uncontested Divorce Questions
Do you want to get separated from your married partner legally? Do you want this legal separation to be simple without any intervention of the court? If the answer to these questions is 'yes', you must be willing to go for a mutual separation. In the past, it was essential that some fault should be proved in order to obtain a divorce. There was a need for litigation. This procedure consumed a large amount of time and money. It led the divorcing partners to experience a phase of stress. This is known as a contested case. Presently, couples are permitted to have termination of marriage without pointing any fault in either of them. This makes a process quite simple and is termed as undisputed case. Now that you know what such process is, you might have many uncontested divorce questions in your mind.
It is very natural to feel curious about the court process. You must know the pros and cons of an uncontested process, so that you understand whether this process is right for you, whether it can protect your legal rights, whether dissolution through this process will secure your future to a certain extent or not, etc.
As stated by the American Bar Association Section of Family Law, the basic aspects of an undisputed case are common for most of the states in the US. Some common and significant doubts in this regard along with their answers are cited below for your reference.
Some examples of Uncontested Divorce Questions and Answers
What is an uncontested divorce?
In this dissolution, both the divorcing partners desire to get separated. They are prepared to settle the matter on peaceful terms. The divorcing couple reaches a mutual agreement regarding the issues of the separation. In this sort of marital breaking, it so happens that one party wishes for divorce and the other party does not oppose this action. The other party simply defaults.
What is the duration of an uncontested divorce?
The time period essential to procure this dissolution is dependent on the laws of the particular state. Different states have different waiting periods. For example, after one party files a case, it may need to wait for 90 days after which the parties are called in the court to finalize the process. It is quite possible that the regulations and laws pertaining to the waiting period are constantly altered, and hence it is advisable that divorcing partners should collect the latest information from the local county court house.
How cheap would an uncontested divorce be if executed without the help of an attorney?
If the assistance of a lawyer is not taken, then the only expenditure is of the court filing fees and the cost of the forms. If a lawyer is hired, then consider that the lawyer may charge any amount from 2,500 to 4,000 USD. In the absence of an attorney, the gross expenses may plummet to a range of 300 to 400 USD.
Are debts, property and children a problem in this sort of divorce?
The forms consist of a document named as Marital Settlement Agreement. This is an official agreement between the divorcing partners regarding issues of debts, property and children. This agreement is forwarded to the Judge, who takes the final decision to sort these issues. The judge can make certain necessary changes, if they find that the solution does not serve the best interests of both of the spouses. In this way, these issues are not a problem in this type of marital termination.
What divorce procedure is followed if the Respondent is missing?
When the Respondent (or Defendant) is missing, the Petitioner is expected to pursue "service by publication". An advertisement has to be posted in the local area newspaper. This advertisement serves as evidence to the court that the Petitioner has attempted to locate the Respondent as well as an evidence of the service.
From the date the advertisement has been published, there is a waiting period of 30 days. It is expected that the Respondent should respond during this time span. If the Respondent does not respond, the Petitioner is given the divorce on the basis of default. If a response is received by the Respondent, then the issue of whether the Respondent has agreed to the petition or wishes to contest arises.
What is Joint Petition for divorce?
It is the legal document which is to be signed by both the divorcing partners. This document is filed with the clerk of the court. A joint petition implies to the court that the case is filed by both partners who have agreed on all terms, that is, your case is an uncontested case. Are the divorcing partners required to attend court hearing?
Both the partners need to attend a court hearing which is not a lengthy session. During this session, the judge asks the partners some basic questions regarding the case like the cause of divorce, future plans, etc.
After discussing the above topics, we hope all your queries regarding undisputed process has been solved. If you have specific uncontested divorce questions related to your case, you must consult an attorney.
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