If you or your spouse want an uncontested divorce, when both parties agree to the end of the marriage, it is essential to be aware of the laws surrounding the divorce. There also are a few things that you and your spouse will have to make sure are in place before the divorce can be recognized in court and finalized.
You'll need to provide the date that you and your spouse physically separated, as well as the date that the divorce petition was filed. The courts need this information to determine how soon the divorce can be granted. The date the petition for divorce was served also should be documented. In most states, couples have to wait 120 days from the date the petition is filed.
It is best for spouses involved in an uncontested divorce to work out the arrangements of how their children will be cared for before going to court. However, the court will carefully review these arrangements to ensure that they are in the best interest of the child. For example, if you and your spouse agree that the children will live with you during the school year and spend summers with your ex, the courts will keep these plans intact if it promotes the child's physical and emotional well-being. However, if the courts change your custody arrangements and you disagree with the adjustments, you will need to hire an attorney to represent you, and your divorce no longer will be uncontested.
Division of Property
Divorcing couples who wish to end their marriage in an uncontested fashion also may come to agreements about how property will be divided without the assistance of courts or attorneys. For example, a couple may decide that the primary caregiver of the children keeps the house that the couple lived in during the marriage. During the divorce proceedings, it is likely that one or both parties might go back on their word concerning alimony or spousal support, so hiring a mediator is a good idea. If you are unable to reach a settlement that is satisfactory after divorce proceedings have started, hiring legal representation or forcing a judge to make the final decision will change the uncontested status of your divorce.
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