Uncontested Divorce Process

When a divorcing couple themselves reaches an agreement regarding the major aspects of the divorce, such a divorce is called as an uncontested divorce. The divorce court merely confirms and offers legal force to the agreement. Thus, the divorce process is just a formality.

Steps in an Uncontested Divorce Process

• Divorce Petition: Preparation and Filing.
• Service of process.
• Waiting period of the divorce (wherever it is applicable).
• Divorce settlement and Proposed order: Preparation and Filing.
• Divorce hearing for confirming the agreement (wherever it is applicable).
• Divorce Decree: Entry.

Explanation of Uncontested Divorce Process

One of the divorcing partners files a divorce petition. This partner is called as a Petitioner or Plaintiff in different states. The Petitioner makes arrangements for serving the process to the other divorcing partner. This other divorcing partner is known as a Defendant or a Respondent in different states.

A Divorce hearing may not be essential, if the divorcing partners agree with each other on the following issues.

• Spousal support.
• Child support.
• Visitation rights.
• Child custody.
• Property and debt division.
• Any other issues.

The divorcing partners submit a divorce settlement. If this is accepted by the court, then an order may be entered and the finalization of the divorce takes place.

The detailed procedure of an uncontested divorce can vary not only from one state to another but also from one court to another. Several states impose specific divorce waiting periods. In such states, although the divorcing partners agree with each other on all issues, both have to wait till this period is over and then the finalization of the divorce takes place.

Some Judges demand that the divorcing partners should remain present in the divorce court for the following reasons.

• In order to ascertain that both the partners have understood the agreement and have accepted it out of their own free will.
• In order to confirm that both the partners agree to the terms of the order of the court.

When the Judge puts down his or her signature on the order, only then the divorce becomes final. It is only after this signature that one can say that the couple has been divorced. The date of this order has special significance particularly for those who desire to remarry. There are varying remarriage waiting periods in varying states for a valid remarriage.

Advantages of uncontested divorce

• The amount of money spent in getting the divorce is very less.
• There is minimum level of conflict between the divorcing partners.
• The information pertaining to the divorcing partners is kept private.
• There are minimum adverse effects on the children. The children feel good when their parents are co-operating.

Disadvantages of uncontested divorce

• Only one divorcing partner can have a lawyer. Thus, there is an imbalance of power between the divorcing partners.
• If children have unusual parenting requirements, resolving them is a difficult task.

Divorce Papers