Uncontested Divorce
A large percentage of all cases begin with the best intentions. Unfortunately, many uncontested divorce cases
fail after full disclosure of the rights and obligations of each spouse after the marriage is terminated. All
spouses who complete the process without contest should be congratulated. Usually, the success or failure of
each uncontested matter depends on full disclosure of all issues from the beginning. Open discussion of
legal issues and requirements prevents later surprises, which in turn, often erupt into disagreement. Once a
case is contested, all issues are subject to re-negotiation or court determination.
About uncontested divorce
To file an uncontested divorce, all issues must be resolved by the agreement of spouses, in writing.
Generally, one spouse files the petition with a signed waiver of service, and documents are later signed by both
spouses agreeing to all terms and legal requirements need by the court to grant dissolution in the final decree.
At a minimum, these agreements necessarily include: property division, child custody, and support payments.
Everyone wants uncontested agreements. Many spouses agree in advance to file uncontested, then realize
cooperation is unlikely or impossible when reviewing written documents and appreciating the effects.
How to get an uncontested divorce
Contact an attorney. Be aware that attorneys cannot represent both spouses in an uncontested divorce because
of conflicts of interest. Usually, one spouse will initiate the process and provide documents for the other
spouse to review with their attorney. This way, all agreements are reviewed and understood, and the potential
for over-reaching minimized. Attorneys usually charge a nominal fee to review and explain documents in
uncontested cases.
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