Uncontested Divorce Requirements

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An uncontested divorce is preferred by many spouses in the modern times. It is a hassle-free process which is less expensive and time-saving. In simple words, this process requires 'no argument' or 'no negotiation' skills on the part of both the divorcing partners. The divorcing partner who files the papers is referred to as a Petitioner or Plaintiff. The other partner who responds to the court action is known as the Respondent or Defendant. Both of them need to meet the uncontested divorce requirements so that they can obtain the dissolution smoothly.

Every society forms rules and regulations so that normalcy restores in every walk of life. When two people want to marry each other, they need to sign the marital bond. Similarly, if they face serious issues to continue their married relationship, they opt for a dissolution. Whatever may be the process, they need to fulfill certain criteria in order to get the order from the court. Although an undisputed process helps separating couples split easily, they must abide by the divorce laws and plan their action accordingly.

In order to make you understand the process clearly, we have gathered some information on the basic needs of this type of marital termination.

Legal Uncontested Divorce requirements

In a majority of states in the United States, the following requisites have been made essential. As per family laws in each state, requirement may vary. The following description gives a broad picture of these essentials:

  • Residency requirement: The Petitioner should have lived in the particular state and county for a specific span of time. At the state level, the usual requirement is of six months, while at the county level the general requirement is of three months.
  • Grounds for Divorce: Usually, the following two legal grounds are recognized in most of the states for an uncontested case:
    • Irreconcilable differences: This indicates a permanent breakdown of the marriage due to marital hurdles which cannot be overcome.
    • Separation: The divorcing partners have been residing apart and separate for a certain period of time.

  • Waiting Period: It is not possible to file and finalize the divorce in most of the states in the country. As per the statute, there is a waiting period. This period begins from the date of filing. Once this period is complete, the divorce can be finalized. Further, the partners have the freedom to remarry.
  • Jurisdictional Requirements: There are certain rules that specify the correct court where a Petitioner can file the papers. The general rule is that the court in the county, wherein either one or both the divorcing partners have lived for minimum three to six months before the date of filing should be selected.

Other Uncontested Divorce requirements

  • When the Petitioner files the papers in the appropriate court, it is expected that the Petitioner should pay the court costs and filing fees. Different fees are levied in different states. The latest information regarding the amount of these fees can be obtained with the court clerk.
  • The documents expected by the court must be duly filled in and signed by the divorcing partners. As per the rules of the state and / or county and / or parish, there may be a need to notarize the documents.
  • In order to obtain the Divorce Decree, different states require the following:
    • Both divorcing partners must appear in court, or
    • One of the divorcing partners should remain present in court, or
    • If the paperwork is perfect, none of the partners may be present in the court.
  • The Petitioner must reveal all the financial interests to the Respondent and vice versa.
  • The Petitioner and Respondent must discuss all issues like division of debts, spousal support, distribution of property, child custody, child support, visitation etc., and develop an agreement that includes all these points. This agreement is incorporated in the court order that finalizes the separation.
  • In a majority of states, the wife must not be pregnant from her husband or any other person at the time of the mutual dissolution.

It has already been mentioned that the state-wise uncontested divorce requirements are different. So you must take the advice of an attorney or do research about the laws of your state. Make all attempts to fulfill the requirements; otherwise this process will also take a longer period of time making you confused and exhausted.

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