Steps Involved in Uncontested Divorce

Couples facing divorce often don’t realize the negative impact a long legal battle will have on their children, not to mention their pocketbook. There are some relatively easy uncontested divorce steps you can take to avoid this. Remember that no matter how upset or angry you may be, allowing your children to watch their parents fight it out can have lasting effects.

Easy Guide to Uncontested Divorce

An uncontested divorce simply means that a couple has come to an agreement regarding all the issues pertaining to their divorce. Each state has their own laws that govern the process. However, there are some steps that are commonly followed throughout the U.S.

File the Divorce Petition—Every state has its’ own residency requirements for couples seeking a divorce, meaning that you must reside in the state for a certain length of time before you can file. Once you meet this requirement, you can file a petition for divorce. The person seeking the legal action is known as the “Petitioner”, while the other party is known as the “Respondent”.

Serve the Papers—Your spouse must be served with the papers, which should be done by a private process server, the local sheriff or via certified mail. There are rules of service to be followed, so it may be wise to hire a professional. In the event you are unable to locate your spouse, you may be able to provide proof of service by publication. You will need to put a legal notice in the local newspaper.

Draft Your Settlement Agreement—Both of you will need to work on a settlement, with or without an attorney, depending on your circumstances. This document outlines how the assets, debts, and property will be divided. This can include a parenting plan showing how child custody and visitation will be handled. Once you agree to the terms, both parties will sign it and have it notarized.

Formal Hearing—When you originally file your divorce petition, you will be assigned a case number and given a date to appear before a judge in family court. Depending on the jurisdiction, one or both spouses may be required to attend this hearing. The judge may ask questions and confirm that both parties understand the terms of the agreement and make sure that neither party was under duress when the agreement was made.

Final Divorce Decree—The judge will sign your final divorce decree, which is then filed in the family court division and will become a matter of public record.

Guidance From a Family Law Attorney

Even in uncontested divorce cases, getting legal advice may be necessary. Some states have highly complex laws that may be hard to understand. An experienced divorce attorney may be able to help you streamline this process and ensure that your uncontested divorce doesn’t become contested due to a simple misunderstanding of the law.

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