Uncontested Divorce - Uncontested Divorce


An uncontested divorce is one where the parties do not disagree about the terms or conditions of the divorce. Even an uncontested divorce requires the filing of a complaint or petition to begin the legal proceeding. Other filings include child custody and final judgment documents.

Some states permit one party to obtain a divorce based on "no-fault". This type of divorce requires only that one party wants to end the marriage. Hence, the lack of any finding of fault on the part of one spouse or the other. If no answer is filed to the no-fault complaint or petition, ordinarily a divorce will be granted on a default basis. The rationale underlying no-fault provisions is that couples cannot be forced to stay together and that sooner or later, with or without the acquiescence of the state, a bad marriage will fail. There is some statistical support for a finding that divorces, at least for a brief period following the passage of no-fault legislation, do increase.

Uncontested Divorce Package Uncontested Divorce Papers

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Getting ready to file for Uncontested Divorce Uncontested Divorce Ny

Ending a marriage is never easy. However, depending upon the terms under which you split with your spouse, this process can either set both of you free quickly or become an exhausting journey of fighting for property, assets, or custody of children. An uncontested divorce is the most straightforward way out of a marriage. What is an uncontested divorce? There are two ways in which to terminate a marriage without contest.

The first situation is when the spouses agree on divorce terms and do not have any claims regarding how to split the assets, property, or child custody. In this instance, the uncontested divorce meaning is that they do not question the settlement. The second case is when one of the spouses has claims and sends them with the divorce paper, but the other never responds to them and does not show up at court.

Contested vs Uncontested Divorce Uncontested Divorce Process

It starts when one spouse decides to file for divorce and presents their claims. The other spouse’s response defines the process moving forward. A contested divorce process starts if that person disagrees with the claims. Both sides consult their attorneys or lawyers and take the case to court, which adjudicates a final settlement for their claims.

Uncontested divorce excludes the lengthy trial process. Its benefits are a shorter time for settlement, fewer legal costs, and less emotional impact that ending a marriage makes on all the participants. Unfortunately, in some situations, people cannot walk away from their claims, so the uncontested option is not always accessible for couples.

Finding the Uncontested Divorce Lawyer California Uncontested Divorce

As this type of divorce is easier than the contested one, technically, you do not need an attorney. However, there are instances when the spouses face complex decisions over their property and dispute child custody conditions. Thus, it is always better to have a legal expert to give you all the technicalities. A lawyer can help you complete paperwork or settle an agreement with your spouse outside the court to ensure the divorce remains uncontested.

Collecting Needed Papers Uncontested Divorce File

Filling out divorce papers may be challenging, especially if you are not used to bureaucracy. Hence, it is best to start preparing for it with an attorney, collecting all documents needed to file a petition. Filling out divorce papers online is way more convenient, as you can make as many corrections as you want, and a tiny error will not ruin all your previous work. Use the extensive US Legal Forms library to find the necessary form templates for your state. Quickly get downloadable blank samples in Word or PDF, edit them using your go-to tools, and print them out when done. It is always possible to make a complicated end of marriage easier with online tools.

Tips for Preparing Uncontested Divorce

  1. Ensure that you’re fully prepared to start divorce process. Breakup can be a very complex process from an psychological, legal, and financial standpoint for all parties involved. separating with your partner might be a short-sight choice to start new chapter in your life. Before preparing Uncontested Divorce and starting the divorce process, consider all the alternative choices. Discuss it with a marriage counselor or try therapy. Take as much time as you need to make the most logical decisions.
  2. Prepare Uncontested Divorce and other essential paperwork to end your marriage. Whether you file for divorce yourself or with an attorney’s help, getting all your paper collected and structured will set you up for success. Ensure that you don’t overlook essential files. If you decide to a do-it-yourself divorce, you can use US Legal Forms as expert virtual forms provider and locate all the required files to start the procedure.
  3. Try to achieve a preliminary agreement with your partner. It gets even more important if children are involved. Try and discover common agreement on child custody and visitation. Plan in advance how you break the news about divorce to your children in a less harmful way as possible. Discuss with your spouse the assets you’re ready to divide, give up, and claim. By doing this, you get a chance to file for an uncontested marriage dissolution and make the whole process less distressing for everyone involved.
  4. Keep yourself well-informed about the subtleties of filing for dissolution of marriage in the state of your choice. Each state has its own authority concerning who, when, and how|and just how someone can go about getting divorce. You can pick a state to file for divorce, but you need to take into account a list of things concerning the dissolution of marriage law in the respective state before you proceed with drafting the Uncontested Divorce. These include but are not limited to statutory and residency requirements, community property regulations, etc.