Uncontested Divorce Questions

In the past, it was essential that some fault should be proved in order to obtain a divorce. There was a need of litigation. This procedure consumed a large amount of time and money. It led the divorcing partners to experience a phase of stress. Presently, couples are permitted to have a divorce without forwarding any fault in either of them. This makes a divorce process quite simple.

Some examples of Uncontested Divorce Questions and Answers

What is an uncontested divorce?

In an uncontested divorce, both the divorcing partners desire a divorce. They are prepared to settle the divorce on peaceful terms. The divorcing couple reaches a mutual agreement regarding the issues of the divorce. In this sort of divorce, it so happens that one party wishes for divorce and the other party does not oppose this action. The other party simply defaults.

What is the duration of an uncontested divorce?

The time period essential to procure an uncontested divorce is dependant on the laws of the particular state. Different states have different waiting periods. For example, after one party files for divorce, it may need to wait for 90 days after which the parties are called in the court to finalize the divorce. It is quite possible that the regulations and laws pertaining to this topic are constantly altering and hence it is advisable that divorcing partners should collect the latest information from the local county court house.

How cheap would an uncontested divorce be if executed without the help of an attorney?

If the assistance of a lawyer is not taken in an uncontested divorce, then the only expenditure is of the court filing fees and the cost of the forms. If a lawyer is hired in this sort of divorce then consider that the lawyer may charge any amount from 2,500 to 4,000 USD. In the absence of this attorney, the gross expenses may plummet to the range of 300 to 400 USD.

Are debts, property and children a problem in this sort of divorce?

The divorce forms consist of a document named as Marital Settlement Agreement. This is an official agreement between the divorcing partners regarding issues of debts, property and children. This agreement is forwarded to the Judge, who makes it official. In this way, these issues are not a problem in this type of divorce.

What divorce procedure is followed if the Respondent is missing?

When the Respondent (or Defendant) is missing, the Petitioner is expected to pursue “service by publication.” An advertisement regarding the divorce has to be posted in the local area newspaper. This advertisement serves as evidence to the court that the Petitioner has attempted to locate the Respondent as well as an evidence of the service.

From the date the advertisement has been published, there is a waiting period of 30 days. It is expected that the Respondent should respond during this time span. If the Respondent does not respond, the Petitioner is given the divorce on the basis of default. If a response is given by the Respondent, then the issue of whether the Respondent has agreed to the divorce or wishes to contest arises.

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