The Uncontested Divorce
Key Points
  • There are a few different things to remember when you are faced with divorce. Uncontested is the easiest route. You are both in agreement, neither is fighting about your stuff - no this does not mean you are happy about the divorce, you are just not fighting.
  • Even if children are involved it is always best to work issues about children out amongst you and your spouse. Getting lawyers or the court involved only means you are spending more money to have someone else decide for you.
  • If you cannot locate your spouse the divorce procedure becomes more lengthy and may require the help of an attorney. You must prove to the court that you have done everything possible to find your spouse and you have exhausted all possibility of finding him or her.
The Simple Divorce

An uncontested divorce is one in which the parties involved have, by themselves, that is without the help of the court, worked out the important issues pertaining to the divorce; for example, division of property, child custody and child support issues. Anyone has the right to file a divorce complaint without an attorney. However, you should be aware that there are very important legal ramifications to any particular situation and that the advice of legal counsel is always the wisest choice. No Matter what, you should always seek legal advice from an attorney for the Drafting of Orders and/or your Final Judgment of Divorce.

When There are Children Involved

If the uncontested divorce involves minor children, the case will most likely be referred to an office of the court which will conduct interviews and recommend who will receive custody of the child(ren), what type of custody is in the best interest of the child(ren), and the amount of child support to be paid. In the event that there is an objection to the ruling by one of the parties (the spouses getting the divorce), you will want to consult an attorney to represent your legal interests. At this point your divorce is no longer uncontested. Assuming that no objections are filed by either side and you are continuing to represent yourself, the case will typically proceed to court.

Spousal Support, Pension Plans and Property Division

If you are asking for spousal support (alimony) or a share of the defendant’s pension plan, you should seek advice of an attorney. It is probable that a defendant will contest property settlements that include spousal support (alimony) or pension plans. At this point your divorce may no longer be uncontested. It is recommended that you both hire lawyers and/or a mediator to aid in the negotiation in order to reach a settlement. If the issue is not resolved until the actual trial, the judge assigned to the case may be forced to make the decision.

In most situations, self-representation is not the best choice. If you feel unable to handle this matter on your own, it is advisable that you consult with an attorney and/or mediator before proceeding with your divorce.

Unable to Locate Spouse

If you are unable to locate your spouse to get a divorce, there are procedures for this situation. This type of circumstance occurs quite often, especially when spouses have been separated for long periods of time. Consulting with an attorney is recommended, due to the unique procedures that must take place for the Final Judgment for Divorce to be approved by the court.

Useful Online Tools
  • Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion.
  • Online Separation Agreements - When you and your spouse agree about how to resolve your issues, 3StepAgreementTM puts you in charge and gets everything in writing.
  • Divorce Negotiation Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.

Suggested Reading
How to Divorce as Friends (Audio Book)
How to Divorce as Friends. As Featured On Oprah! You can divorce as friends! No matter how painful or destructive your relationship is today, you have the ability to turn your situation around. You can end the conflict and restore the love, one human being to another. Sound impossible? Well itŐs not! It can happen for you.

Author: Bill Ferguson

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