Legal

How Does An Uncontested Divorce Work?

How does an Uncontested Divorce Work?

An uncontested divorce works when the divorcing parties are on the same page. This means that both partners want to terminate the marriage on civil terms. Since an uncontested divorce is free of conflict and disagreements, it proceeds quickly with minimum costs involved. There is no interference from law enforcement, so you and your spouse retain full control over the divorce agreement. Many people think that an uncontested divorce can be completed without hiring a divorce attorney. However, the DIY route is not feasible, unless the marital estate is relatively small and there are no children involved.

Even though you are not fighting with your partner, you should hire a legal representative to ensure that the divorce agreement is in your best interests. Family Law Attorney in Orlando, FL, can help you save time and money, whilst protecting your rights in the divorce.

The uncontested divorce procedure constitutes the following steps:

1. Filing & Serving the Divorce

To initiate the divorce process, one of the parties will have to file a petition in the local court. This includes submission of financial documents and a filing fee. It is important that you have been living in the state of filing for at least six months. Most states do not allow the petitioner to directly serve the divorce papers to their spouse. They can ask any legal adult to serve the papers on their behalf; this person should not be related to the divorce in any way. The papers can be served in person or by certified mail.

2. The Recipient’s Response

The recipient usually has around 30 days to respond to the legal notice. They shall serve their reply through a legal correspondent, provide the required documents, and pay the respective fee. If the recipient does not respond within the time limit, the court will assume their silence as consent and take charge of the case. Therefore, the served spouse will lose the right to make any objections to the resultant divorce agreement.

3. Negotiations

The divorcing parties can meet up to discuss the terms of the agreement. It is advised that they negotiate in the presence of individuals lawyers to minimize possible conflict and prevent misconceptions. The parties can also opt for mediation if they are unable to resolve a dispute on their own. The purpose of an uncontested divorce is to reach an agreement without intervention from court and to maintain an amicable relationship despite termination of the marriage. However, if the negotiations do not work out smoothly, the couple may opt for a contested or litigated divorce.

4. The Court’s Approval

If the divorcing parties are able to reach a reasonable settlement, the divorce shall complete and be approved by court within six months. However, if there is conflict over matters like child custody, alimony, asset division, or going through with the divorce itself, seeking help from law enforcement would be the only viable solution. In a litigated divorce, the designated judge will decide the terms of the agreement, and both parties have to obey. An uncontested divorce is certainly less time-consuming and costly as opposed to contested divorce, but it is not suitable for every situation. It is particularly discouraged where domestic violence is at play.