Uncontested Divorce Proceedings

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Sequence of Uncontested Divorce Proceedings at a glance

• Preparing the divorce petition and filing it
• Serving the divorce documents
• Wherever essential, completing the divorce waiting period
• Preparing divorce settlement and proposed order and filing it
• Wherever essential, attending the hearing for confirmation of agreement
• Entry of divorce decree

Jurisdictional Hearing in Uncontested Divorce Proceedings

• In an uncontested divorce, there is minimum 1 court appearance
• Such an appearance takes place often during a jurisdictional hearing
• This hearing usually occurs after the termination of the statutory waiting period
• It is an informal process and in a majority of instances takes place not in an open courtroom but in the chambers of the judge
• During this hearing, the following take place
  • The court must be offered proof that the grounds of divorce exist
  • It is ascertained that the residency requirements are fulfilled
  • The court confirms that the spouses are incompatible and the objective of marriage is no longer legally fulfilled
  • The court verifies that all the essential issues are addressed in the settlement agreement
• It is sufficient if one of the spouses attends this hearing. Usually, the spouse who filed the petition must be present

Characteristics of Settlement Agreement in an Uncontested Divorce

• A divorce proceeding can be termed as uncontested only when both spouses accede with each other regarding all the major issues and draft a settlement agreement
• This agreement must address all the primary issues regarding a divorce, like
  • Spousal Support
  • Child Support
  • Parenting time
  • Child Custody
• A notary public must be a witness that both spouses have signed the settlement agreement
• After the spouses completely draft and sign the settlement agreement, they must submit it to the court for approval
• The court incorporates the settlement agreement and makes it a part of the final divorce decree

Statutory Waiting Period

• This duration must pass from the date the divorce petition is filed and only after it, the court can issue a final divorce decree
• From state to state, the laws regarding this period may slightly differ
• On an average, this period is usually 6 months
• Although, both the spouses accede with each other regarding all issues of the divorce, they must wait till this period is elapsed
• The only situation when this period is waived is in case of an emergency divorce. The most common cause of permitting this sort of divorce is when the health of any one or both partners is risked, if an emergency divorce is not granted. Courts are very reluctant to grant an emergency divorce

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