An uncontested divorce is one where both spouses agree on the divorce and the settlement that follows. This means that neither spouse holds the other one solely responsible for the divorce. Here are some of the steps you must take when filing uncontested divorce.
File a Petition
In order to start the process of filing uncontested divorce, you must file a petition. A divorce lawyer can access the forms for you, or you can usually get them from your local county clerk. All of the required forms must be completed, and then the petitioner must file them.
Serve the Uncontested Divorce Forms
After all the forms are completed, copies of the court forms must be served to the other spouse. This is required because the other spouse has a right to know that you filed for divorce. This process must be completed with enough time for the other spouse to go to the court and tell their side of the story.
Get a Response
After you’ve served the papers, the other spouse must file a response. If a response is not filed, the divorce decision goes to the judge by default without hearing the side of the other spouse.
Decide What you Own
At this point, both spouses have agreed (or the judge has ruled) that the divorce is happening. Now, each spouse must exchange financial documents to figure out their assets, what they own, and what they owe. Both parties are involved in this processes to divide up their property and debt.
Wait for the Ruling
On average, you have to wait for zero to six months after the initial petition is filed and served to the other spouse before your divorce can become final. Once the divorce is declared uncontested and both spouses have reached a settlement agreement that the judge deems to be fair, the divorce is granted.
There you have it, the steps for filing uncontested divorce. Although you may have never thought divorce would happen when you said your vows on your wedding day, an uncontested divorce is usually less painful than a contested one. For more information on uncontested divorce procedures, ask a family lawyer for assistance.