If you and your husband reach an agreement on the terms of your divorce, you may be able to get an uncontested divorce. In most states, they are speedier and less expensive than traditional divorces. Learn how to begin your divorce proceedings.
When it comes to divorce, there are various phrases and processes that might be perplexing if you are unfamiliar with them. Uncontested divorce, contentious divorce, and no-fault divorce are all options. They each have an entirely different meaning. Which method you’re most likely to utilise will depend on your circumstances.
What Exactly Is an Uncontested Divorce?
An uncontested divorce is one in which the couple has settled all key concerns, such as
Custody of children
Parenting time or visitation
Support for the spouse
How debt will be distributed
Couples profit from uncontested divorces in ways that contentious divorces do not. If you agree to all of the conditions of your divorce, you may never have to go inside a courtroom in certain states. In other states, you must still go to court, but the uncontested divorce process is usually significantly faster than the disputed divorce procedure.
If there are still some concerns that need to be handled, it may be necessary to negotiate with your spouse. Uncontested divorces are less stressful than disputed divorces since you and your spouse are in agreement. Furthermore, you may typically acquire a divorce online without paying a lot of money in legal expenses. You will not be able to pursue an uncontested divorce if there are difficult problems that cannot be addressed.
What Makes Uncontested Divorces Different From Contested Divorces
The components of an agreement on all matters and the relative rapidity with which the judicial system moves are the defining features of an uncontested divorce. The capacity to make judgments about your case is taken away from you in a disputed divorce because a judge determines it. Because you and your husband are unable to reach an agreement, your contentious divorce will be argued in court. Having a lot of property and severe arguments about children’s concerns may often cause a divorce to become contentious. Contested divorces have the disadvantage of taking a long time and costing a lot of money.
Divorces that are contested sometimes result in greater stress and significant legal expenditures since they need going to court and maybe having a trial. Because of the quantity of effort required, legal fees are significant. A contentious divorce comprises the following:
Making a formal complaint or petition
Filing additional papers with the court, such as net worth or financial statements
If you are the party served, you must respond to the petition or complaint.
Motions to serve and respond
Going through the arduous process of discovery to get facts from your spouse
Attending the trial with witnesses, and
You may be working with a Children’s Attorney or a Guardian ad Litem who represents your children.
What Are the Differences Between Uncontested and No-Fault Divorces?
Uncontested divorces and no-fault divorces are not synonymous. In certain states, you may have a no-fault uncontested divorce or a no-fault contested divorce. A no-fault divorce simply implies that the one seeking the divorce does not blame the failed marriage on the other spouse.
In any state, there is no longer a need to establish culpability or grounds for divorce. Although New York was the latest state to become a no-fault state, it is still possible to claim grounds for divorce in New York, such as adultery, desertion, or imprisonment for three consecutive years. Some states solely permit no-fault divorces, while others permit both no-fault and fault-based divorces. There is no benefit to utilising fault-based grounds for divorce; it prolongs the divorce since a trial on the grounds may be required.
The terminology of a no-fault divorce often states that the marriage is irretrievably destroyed or that you and your spouse have irreconcilable differences. It’s a fancy way of expressing you can’t get along and your communication is either nonexistent or strained.
How to Get a Divorce Without a Fight
Hiring an uncontested divorce lawyer might help you protect yourself throughout an uncontested divorce. A divorce lawyer is well-versed in divorce paperwork and can guarantee that they are properly filed and served.
Uncontested divorce paperwork are available at county courthouses in several states. The party that initiates the divorce action completes the documents, files them with the county clerk, pays the filing fee, and has them served on the opposing party. Check with the county clerk or your attorney to ensure that the papers are properly served. Failure to properly serve divorce documents may necessitate starting again and paying a second filing fee for commencing a new case.
If you fill out the forms wrong, you may be able to change them later, but there’s always the chance that you won’t be able to. If you have any questions regarding how to fill out, file, and serve paperwork, speak with an attorney.
After you have served your spouse, he or she must submit a response. In some states, this entails signing the documents you’ve prepared. Consult your county clerk or an attorney to ensure that the process is conducted appropriately. Following the completion of the answer, you may be required to follow a mandated waiting time in a number of states. In certain jurisdictions, your attorney will draught a Stipulation of Settlement or Settlement Agreement that will be included into your divorce.
You may wish to think about conducting your uncontested divorce online. Forms with instructions for your specific state are available. The forms will be filled up based on the information you enter, so be sure it is correct. After receiving your paperwork, consult with your attorney or county clerk to determine how to file and serve the documents. The uncontested divorce procedure begins with the service of documents. In certain states, an uncontested divorce may be granted within a few weeks or months.