How to Get Divorced: Uncontested Divorce

Divorce is generally a heart-wrenching emotional rollercoaster ride. Because of the hurt feelings, anger for issues that might have precipitated the divorce in the first place, it is hard to imagine a couple sitting down together and calmly and rationally working out the details of their divorce settlement. Hard to believe, but not impossible. In fact many couples do exactly that.

Uncontested Divorce

An uncontested divorce is exactly what it sounds like. It is uncontested, no arguments to settle. If possible, it is how to get divorced, if you must get divorced. The couple, without the aid of attorneys or the court system work out all the important details pertaining to their divorce on their own. That includes such issues as the division of property, child support and child custody issues. It is perfectly legal to file for divorce without an attorney. Having said that, it is perhaps wisest to consult with an attorney, nevertheless, to ensure that you file properly and that you have included all the particularities of your situation before going to court. But, it is not necessary.

What Happens to the Children?

If you decide to file an uncontested divorce, but you have minor children your case will probably be referred to an officer of the court who will need to conduct interviews and make recommendations concerning the custody of the children, the custody type which will be best for the children and the amount that should be paid in child support. You of course can work all this out in advance and forward this to the court officer. If one of the parties disagrees with the court's ruling on these issues, then one or both parties may need to hire an attorney. At this point it will be the only way to protect your legal interests. Of course by hiring attorneys your divorce is no longer uncontested. However, if there are no objections from either party involved you can continue representing yourselves and your case will proceed to court.

Spousal Support and Assets

If you and your spouse have decided how to divide up such things as your pension plan, the house and other property you can bring this also to the judge to be considered once your case goes to court. You should also work out spousal support, alimony, and present this decision as well. It is still good counsel to seek the services of an attorney, even if it to get advice about the right amounts and divisions of these assets. Bringing an attorney into your divorce causes it to no longer be uncontested. To avoid this particular distinction, you can hire a mediator for each of you to help you negotiate the fine points of your settlement. It is best to go to court with all these issues worked out in advance. Should you go into court without them being resolved, the judge assigned to your case will make the final decisions and they usually final.

Most experts agree that self-representation is not the wisest course in most situations. If you and your spouse are unable to come to agreeable resolutions for all aspects of your divorce you should seriously consider consulting with either an attorney or mediator before your divorce reaches the courts.

Unable to Locate Spouse

Sometimes spouses are separated for long periods of time prior to the divorce proceedings. When this happens it is not uncommon for one spouse to be unable to locate the other in order to move ahead with the divorce. There are steps that can be taken in these circumstances, but you will need to consult an attorney because of the necessary procedure that will need to be followed before the court will approve any final judgment in divorce.

Consult with an Attorney

There are many unforeseen eventualities with a divorce. If you can work it out with your spouse, the law is set up so that you can move through the process without an attorney. However, the best practice to protect your rights is to consult with or hire an attorney who specializes in divorce cases.

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