The rate at which people divorce may have experienced a decline in recent years; however, more than half a million divorces each year exist in the US. Relating to an uncontested divorce, it is a divorce in which both parties meet an agreement on everything, or one party files for divorce and gets no response from the second party, or they never show up in court.
In the US, 90% of most divorces are uncontested, but they start as being contested then both parties reach an agreement. Are you planning on going for an uncontested divorce, and you don’t know its basic requirements? Well, we’ve made the process more smooth and stress-free for you. This article covers all the requirements for an uncontested divorce, but before that, let’s know how this form of divorce works and the process.
WHAT’S THE PROCESS OF AN UNCONTESTED DIVORCE?
An uncontested divorce is the easiest and most stress-free way of getting a divorce. But it can, however, be difficult to predict with time if the divorce will settle, or you might not get any response from the other party.
When both parties have a mutual understanding of every issue, they can go ahead with an uncontested divorce by finalizing a settlement. Mind you, the state’s rules may vary, but both parties with no dispute between them can simply record their agreement via writing (might be with forms, by themself, or via the aid of a divorce mediation lawyer). Once it’s confirmed by both parties that there’s an agreement to terms, the judge then signs off on their terms. Just a single court appearance may be needed.
When there’s a need for a hearing, the judge will ask both parties certain questions to ensure everyone understands the terms they want to agree to.
The second process of an uncontested divorce is quite similar. In this case, the petitioner files the divorce papers and ensures they’re presented to the respondent. The respondent is given a specific period to either respond or appear in court. When the respondent confirms this and carries out the necessary actions, the court evaluates the petitioner’s request and decides. In most cases, a brief court hearing is always required.
BASIC REQUIREMENTS FOR AN UNCONTESTED DIVORCE
There are two major pathways to an uncontested divorce. The first is the situation where both parties mutually agree on all problems in the divorce. It could be marital property, child custody, alimony, child support, or even the splitting of shared debt. Both parties gets divorce mediation attorney and submits an agreement or a stipulation to the court, which contains virtually all they’ve agreed on.
The second are conditions where one party files for divorce and demands specific things like home ownership or child custody and gets no response from the second party on the divorce papers or fails to appear in court. The cases are then left for the court to decide whether the filing spouse qualifies for what they’re requested, without any input from the second party.
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