Uncontested Divorce Requirements
The divorcing partner who files the divorce papers is referred to as a Petitioner or Plaintiff. The divorcing partner who responds to the divorce action is known as the Respondent or Defendant.
Legal Uncontested Divorce requirements
In a majority of states in the United States, the following divorce requirements have been made essential. As per divorce laws in each state, requirements may vary. The following description gives a broad picture of these requirements.
- Residency requirement: The Petitioner should have lived in the particular state and county for a specific span of time. At the state level, the usual requirement is of six months while at the county level the general requirement is of three months.
- Grounds for Divorce: Usually, the following two legal grounds are recognized in most of the states for an uncontested divorce.
- Irreconcilable differences: This indicates a permanent breakdown of the marriage due to marital hurdles which cannot be overcome.
- Separation: The divorcing partners have been residing apart and separate for a certain period of time.
- Waiting Period: It is not possible to file and finalize the divorce in most of the states in the country. As per the statute, there is a waiting period. This period begins from the date of filing. Once this period is complete, the divorce can be finalized. Further, the divorced partners have the freedom to remarry.
- Jurisdictional Requirements: There are certain rules that specify the correct court where a Petitioner can file the divorce papers. The general rule is that the court in the county, wherein either one or both the divorcing partners have lived for minimum three to six months before the date of filing, should be selected.
Other Uncontested Divorce requirements
- When the Petitioner files the divorce papers in the appropriate court, it is expected that the Petitioner should pay the court costs and filing fees. In different states, different fees are levied. The latest information regarding the amount of these fees can be obtained with the court clerk.
- The documents expected by the court must be duly filled in and signed by the divorcing partners. As per the rules of the state and / or county and / or parish, there may be a need to notarize the documents.
- In order to obtain the Divorce Decree, different states require the following.
- Both divorcing partners must appear in court, or
- One of the divorcing partners should remain present in court, or
- If the paperwork is perfect, none of the divorce partners may be present in the court.
- The Petitioner must reveal all the financial interests to the Respondent and vice versa.
- The Petitioner and Respondent must discuss regarding all issues of the divorce like division of debts, spousal support, distribution of property, child custody, child support, visitation etc and develop an agreement that includes all these points. This agreement is incorporated in the order of the court that grants the divorce.
- In a majority of states, the wife must not be pregnant due to her lawful husband or any other person at the time of the uncontested divorce.
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