Uncontested Divorce: Cost and Process

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Uncontested divorces costs are substantial lower than those of a contested divorce. The catch is that the parties must be in total agreement on all legal considerations including custody of children and financial issues. Uncontested divorces can usually be completed within a short time frame with minimum fuss. Uncontested divorce costs and the process make it the cheapest and easiest way for two parties to end their marriage.

Costs

Uncontested divorces are by no means free but there are substantially cheaper than contested divorces, which can take years to resolve. Filing fees are one such cost. They can range between fifty-five dollars to over one hundred depending on your jurisdiction. If the other party has to be served by the Sheriff's office for any reason, the service fee will cost an additional twenty-five to forty dollars. Sometimes a mediator can help parties work through issues that they are stuck on, if this is the case, the fee for mediation can be as high as two hundred fifty dollars an hour.

Process

The process for an uncontested divorce is relatively simple. One party that meets the legal residency requirements of the jurisdiction will initiate the divorce by filing a complaint for uncontested divorce with the proper court. The other party will sign an acknowledgment of service to prevent from having to be served via the Sheriff’s department. The parties will then have to both complete and sign a variety of documents. This could a verification of identification, affidavit of consent, financial affidavits and of course the marital settlement agreement.

The marital settlement agreement is basically an agreement by both parties on their conduct towards each other after the marriage is ended. It will address child custody, visitation, support, debts, and any other legal issues. The case will then be set for a short hearing by a judge or judicial officer that only one party must attend. After the short hearing a final order is signed and the parties marriage is deemed terminated.

Seeking Legal Help

An attorney should handle even simple legal matters like an uncontested divorce. Only a lawyer licensed to practice law in your state can provide you with the proper guidance, ensure the correct and timely filing of the proper documents, and walk you thru every step of your uncontested divorce. The finalization of a marriage is an important and technical matter, don’t try to handle it alone, hire an attorney for expert advice and peace of mind.

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